Can others use the trademark during application?

If a company can provide sufficient evidence to prove that it has started using the Trademark before registering it for business or actually using it, and it has a certain degree of popularity and recognition, then the company has the right to continue to use the trademark. At the same time, applicants for registered trademarks may also face the risk of being accused of malicious registration. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can others use the trademark during application

It does work.

The scope of protection of a registered trademark is limited to the categories that have been successfully registered and the categories in which Related products or products in similar categories below.

In other words, for categories and product items that have not been covered by registered trademarks, other Enterprises still have the right to apply for registration and use of the trademark.

In addition, it should be noted that a registered trademark must not infringe the prior rights of others. .

If a company can provide sufficient evidence to prove that it is registered for business or actually If the trademark has been used before and has a certain degree of popularity and recognition, then the company has the right to continue to use the trademark.

At the same time, applicants for registered trademarks may also face accusations of malicious registration. risk.

Article 30 of the Trademark Law

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

Article 31

Two or more trademark registration applicants on the same or similar goods , if you apply for registration with an identical or similar trademark, the trademark that was applied for first will be preliminarily reviewed and announced; if you apply on the same day, the trademark that was previously used will be preliminarily reviewed and announced, and the applications of others will be rejected and will not be announced.

Article 32

Applying for trademark registration must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence.

2. In 2017, there were complaints about trademark monopoly. Will it still happen in 2024?

An appropriate degree of punishment must be imposed.

During this process, if the existence of infringing behavior can be confirmed, it will be ordered to stop the behavior immediately, and the infringing goods will be confiscated and destroyed. At the same time, those mainly used to produce infringing products will be Products and tools for counterfeiting registered trademarks also need to adopt the same attitude towards illegal operations. If the amount exceeds RMB 50,000, a fine of not more than five times the illegal business amount may be imposed.