1. Whether unregistered trademarks are protected by law
Unregistered trademarks often cannot be effectively protected at the legal level.Such trademarks are not entitled to exclusive trademark rights, which means that without A registered trademark user cannot use this to prohibit other companies from using the same or similar trademark logo in the same field of goods or services.
In some specific cases, unregistered trademarks still have the opportunity to be protected from legal action Angle to gain a certain level of protection.
For example, if an unregistered trademark is already within a certain geographical range If it is widely recognized by consumers, or if its owner has used the trademark before, then such trademarks may be protected by the law to a certain extent.
Furthermore, if an unregistered trademark has accumulated a certain amount of popularity due to long-term use, If it is well-known and has established a good reputation in the market environment, it may also be protected by the Anti-Unfair Competition Law.
To sum up, although unregistered trademarks generally lack protection at the legal level, under certain circumstances, they may still obtain a certain degree of legal protection. .
Trademark Law
Article 13 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law. A trademark applied for registration on the same or similar goods is a copy, imitation or Translations of other people's well-known trademarks that are not registered in China and are likely to cause confusion will not be registered and their use is prohibited.
Article 14 Well-known trademarks shall be identified at the request of the parties as facts that need to be identified in handling trademark cases. The following factors shall be considered in identifying well-known trademarks:
(1) The relevant public’s awareness of the trademark;
(2) The duration of use of the trademark;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
Article 56 The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.
2. What are the requirements for personal registration of a trademark
If you want to apply for a registered trademark as a natural person, you need to meet the following conditions : First of all, the applicant must be a natural person with full civil capacity; secondly, if he is an individual industrial and commercial household operator, he must also hold a valid individual industrial and commercial household business license before applying.
The trademark submitted for registration must meet the statutory constituent element requirements, that is, it must be composed of words, letters, numbers, graphics or
Thirdly, the images and texts used in the trademark must also be included. Strong distinctiveness and good recognition
Finally, apply for registration. Texts, patterns and other elements that are expressly prohibited by law must not be used in trademarks.
When applying. When registering, you should also ensure that the newly applied trademark does not cause confusion with registered trademarks that have been canceled or canceled within one year and similar trademarks.
At the same time, the newly applied trademark must not be similar to others’ trademarks that have been registered or preliminarily approved for the same or similar categories of goods or services.
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