Unregistered trademarks are difficult to protect, reputation and property are vulnerable to loss

In the market economy activity of intense competition, the trademark, especially some well-known trademark, itself is the economy, the prestige, the property right, the art and so on multiple value, is the product leads to the broad market "pass". China has a lot of enterprises to create their own brand, has a reputation, with the market, but because there is no first to http://www.aliyun.com/zixun/aggregation/38101.html "> Application for registered trademarks." and let others trademark registration success, they have to lay the "Jiangshan" to others. Therefore, the trademark consciousness is each operator must have.

Unregistered trademarks are enterprises, individual intellectual property (http://news.k8008.com/html/zscq/) difficult to be effectively protected, so that its credibility and property losses, summed up here for four points:

1, the trademark exclusive right can not be protected

If the trademark used by an enterprise is unregistered, then the trademark user does not enjoy the trademark exclusive right. In short, you use this trademark, other people can also use this trademark, without the sanction of the law. As a result, the quality and credibility of the products produced by the enterprise will be damaged to varying degrees. Because other companies use for high profits and can produce inferior products in the same label as you. This has been the case everywhere before. If the original enterprise requests the trademark competent authority to stop other enterprises to use its trademark, but because the trademark is not a registered trademark, the original enterprise does not enjoy the trademark exclusive right, the trademark competent authority to the original enterprise's request cannot accept.

In our country, the trademark registration is the premise that the trademark obtains the legal protection, is the legal basis which determines the trademark exclusive right. Once the trademark user is allowed to register the trademark, it marks that it has obtained the exclusive right of the trademark and is protected by law.

2, easy to be registered by others

If the trademark is not registered, the first user of the trade mark can no longer use the trademark, and will make the trademark and the enterprise's reputation hard to deal with other people. The lessons are very profound. According to China's "trademark law", the original acquisition of trademarks only through the registration of trademarks, and the application of trademark registration, and the application of the first principle, that is, for an unregistered trademark, who applied for registration, the trademark of the exclusive right to be granted. Therefore, no matter how long an enterprise uses a trademark, if it does not register the trademark, the exclusive right of the trademark will be granted to others as long as others apply for registration.

3, easy to cause infringement

An unregistered trademark may be the same or approximate as a registered trademark used in the same or similar commodity, thereby causing infringement. In the new application for trademark registration, without prior inquiries, the application of the rejection rate of almost 70%. In other words, the use of unregistered trademarks, there are 70% of the possibility of infringement. China's "trademark law" 38th stipulates that "the use of the same or similar goods without the license of a registered trademark is the same or approximate trademarks, that is infringement of the exclusive rights of registered trademarks infringement." Tort, the tort shall bear the legal consequences of infringement.

4, unregistered trademarks can not form industrial property rights

Because of China's trademark law, the exclusive right of the registered trademark is protected by laws, the unregistered trademark is not protected by the law, and the user does not enjoy the exclusive right of trademark. Since unregistered trademarks are not protected by law and cannot form industrial property, they cannot be used as intangible assets of persons.

In the fierce business war, enterprises need not only through their own excellent products and good service in the market foothold, but also learn to use legal weapons to protect the enterprise's knowledge right. The use of unregistered trademarks will not only make their own enterprises suffer from economic, reputational damage, while there may be infringement of other people's exclusive right to register trademarks. Will affect the production and operation activities of the enterprise. For the normal operation of enterprises, for the future development of enterprises, the use of trademarks should be legally registered, in the protection of their own rights and interests, but also to the rights and interests of others are respected.