Can a registered trademark still be used after being rejected?

By submitting a rejection review application, you may still be able to successfully obtain trademark registration rights. Even if the review fails, the applicant has the right to continue to use the TM logo during the review period. If you choose to give up the review application, the trademark application will be deemed invalid. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Can a registered trademark still be used after rejection

Rejected trademarks can still be used.

Because the trademark has not gone through the legal registration process, it cannot obtain legal protection.

According to the clear provisions of the Trademark Law, if the trademark rejection is based on absolute grounds for rejection, we will not It is not recommended that you apply for rejection review;

If the trademark rejection results from a relative rejection, please You should seek help from an intellectual property agency in a timely manner to accurately assess the similarity between your trademark and the rights of others based on trademark review standards, and then decide whether to initiate the rejection review process.

By submitting a rejection review application, you may still be able to successfully obtain trademark registration rights, even if If the review fails, the applicant also has the right to continue to use the TM logo during the review period.

If you choose to give up the review application, the trademark application will be deemed invalid.

Article 30 of the Trademark Law

The trademark applied for registration does not comply with the relevant provisions of this Law or is the same as a trademark that has been registered or preliminarily approved by others for the same or similar goods, or If the application is similar, the Trademark Office will reject the application and will not publish it.

2. Is it illegal to sell goods that are inconsistent with the trademark?

From a legal perspective, we can clearly believe that selling counterfeit and shoddy products is both an infringement and a crime.

These unscrupulous merchants not only infringe on the trademark rights of the counterfeited products, but may also lead to The infringer suffers economic losses and damaged brand image.

For those who have obtained it by forging or making unauthorized copies of other people’s registered trademarks and sales of related logos If a person with illegal interests commits a crime, in addition to bearing corresponding civil liability for compensation, they will also be subject to criminal penalties according to my country's current laws and regulations.

If the seller clearly knows that the goods sold are products with counterfeit registered trademarks, and If this behavior also constitutes a crime, then they will also need to bear civil liability for compensation and accept criminal sanctions in accordance with the law.