Does a trademark have to be registered before it can be used?

The original acquisition of Trademark rights refers to the first time the trademark rights are generated or the trademark rights are acquired without relying on the rights of the original owner. Most trademark rights are acquired through original acquisition. Does a trademark have to be registered before it can be used? Regarding this question, the editor of Legal Savior Network has compiled relevant information and will answer it for you below.

Whether a trademark must be registered before it can be used

Trademarks can be used without registration, but unregistered trademarks are not subject to Legal protection means that when the trademark is registered or counterfeited by others, you cannot resort to judicial procedures to protect your rights.

Whether the trademark is infringed without being used after registration

Failed to use a trademark after registration is not considered infringement. Because a trademark needs to be registered and approved in order to obtain the corresponding trademark rights.

Two types of trademark registrations can be seen in the Chinese market Logo in use: Most of them are marked with an R symbol in a circle, or the Chinese word "note" in the upper right corner or lower right corner of the trademark. Some are marked with "TM" in the upper right corner or lower right corner of the trademark.

In this case, sometimesIt depends on the country of the trademark user. For example, unlike my country’s trademark “first to apply” principle, the United States implements the “first to use” principle, that is, the first user of a trademark obtains legal protection

The above is the relevant knowledge compiled by the editor for everyone. If your situation is more complicated, the legal savior The website also provides online lawyer consultation services, and you are welcome to have legal consultation.