Can the trademark be used during the application process?
The trademark is under application can be used during the process.
It can be used without registration. Just not protected by law. However, pharmaceutical trademarks are an exception. According to legal regulations, registered trademarks must be used on drugs.
Relevant laws and regulations
《Trademark Article 48 of the Law "The use of trademarks" as mentioned in this Law refers to the use of trademarks on goods, commodity packaging or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions, and other commercial activities. The act of identifying the source of goods.
Article 49 If a trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on his own during the use of the registered trademark, he shall be liable to The local industrial and commercial administrative department shall order corrections within a time limit; if corrections are not made within the time limit, the Trademark Office shall revoke the registered trademark.
If a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the trademark. Trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.
Article 6: Goods that are stipulated by laws and administrative regulations to use registered trademarks must apply for trademark registration. Products without approved registration may not be sold in the market.
Article 7 When applying for registration and use of trademarks, the principle of good faith shall be followed.
Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.
From the above answers, we know that the trademark can be used during the application, but it is not specific and will not be protected by law for the time being. The above is the introduction to trademark intellectual property knowledge brought to you by the editor of Legal Savior. If you have other questions about intellectual property, please feel free to consult the professional intellectual property lawyers of Legal Savior.