Product Details
Unregistered trademarks have the following weaknesses. The most fatal weakness of a trademark used by an enterprise without registration is that the trademark user does not have exclusive rights to the trademark. That is to say, by using this trademark, others can also use this trademark, which affects the basic function of the trademark to indicate the source of the goods, and also greatly reduces the role of the trademark in representing the quality and reputation of certain goods.
Another weakness of unregistered trademarks is that once someone else registers the trademark first, the first user of the trademark can no longer use the trademark. The lessons in this regard are very profound. According to China's Trademark Law, the original right to use a trademark can only be obtained through trademark registration, and when applying for trademark registration, the first-to-file principle is adopted. Therefore, no matter how long a company uses a trademark, if it does not register the trademark, as long as someone else applies for registration of the trademark, the exclusive right to use the trademark will be granted to others.
Another weakness of unregistered trademarks is that the unregistered trademark may be identical or similar to a registered trademark used on the same or similar goods, resulting in infringement. According to Article 38 of China’s Trademark Law, using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the owner of the registered trademark is an infringement of the exclusive right to use a registered trademark. Therefore, for the normal operation of the enterprise, the development of the enterprise and to respect the exclusive rights of others to register trademarks, enterprises using unregistered trademarks should apply for trademark registration.
Another weakness of unregistered trademarks is that unregistered trademarks cannot form industrial property rights, and therefore cannot become intangible assets of the user. As stipulated in China's Trademark Law, only registered trademark rights are protected by law. Unregistered trademarks are not protected by law, and their users do not enjoy the exclusive rights of trademarks. Therefore, strictly speaking, only registered trademarks are industrial property rights in China, and only registered trademarks can become intangible assets of an enterprise.
I would like to remind everyone that when looking for a trademark registration agent, you must find a formal and powerful trademark registration agency.
We, Shenzhen Lihebito Intellectual Property Agency Co., Ltd., are a strong company. The high-coverage and efficient services of Shenzhen Lihebito Intellectual Property Agency Co., Ltd. have been recognized by many companies and institutions
Disclaimer
The information/pictures/parameters, etc. displayed on this webpage about【Unregistered trademarks have the following weaknesses:】are provided by member【Shenzhen LICHT Intellectual Property Agency Co
】,By Titker Trade Network members 【Shenzhen LICHT Intellectual Property Agency Co
】is solely responsible for the authenticity, accuracy and legality of the information/pictures/parameters, etc.,Titker Trade Network only provides display services. For your safety, please choose Titker Trade Network for online trading, otherwise Titker Trade Network will not bear any responsibility for this.
If your legitimate rights and interests have been infringed, please contact Titker Trade Network customer service as soon as possible. We will serve you wholeheartedly. Thank you for your attention and support to Titker Trade Network!