How to protect unregistered trademarks
Our country's laws are based on the registration principle and mainly protect the exclusive right to registered trademarks . However, for unregistered trademarks that meet specific conditions, the law also provides different levels of protection based on their degree of fame. This is mainly reflected in prohibiting others from registering them based on specific circumstances. Those who have already registered can apply for cancellation, or prohibit others from using them without permission.
From the legislative level, the "General Principles of Civil Law", Both the Trademark Law and the Anti-Unfair Competition Law have designed special systems to protect the legitimate rights and interests of unregistered trademarks.
1. General protection of the principle of good faith. my country's "General Principles of Civil Law" clearly stipulates the principle of "good faith", which is reflected in the "Trademark Law" and the "Anti-Unfair Competition Law". For example, Article 7 of the Trademark Law stipulates that “applications for registration and use of trademarks shall comply with the principle of good faith.” In addition, Article 2 of the Anti-Unfair Competition Law stipulates that “operators shall abide by the principle of good faith...in market transactions.” Therefore, those who preemptively register or use other people’s unregistered trademarks violate the principle of good faith can obtain general protection based on the aforementioned legal basis.
2. Graded protection based on the degree of fame. At the same time, Articles 15, 32, 13, 58, etc. of China’s Trademark Law, key points In the registration process, different levels of protection are given in sequence according to the different popularity of the trademark. As a supplementary protection for unregistered trademarks, China's "Anti-Unfair Competition Law" focuses on the use process, through Article 5, paragraph 2, of the relevant well-known trademarks.
3. Copyright protection. In addition, for those unregistered trademarks with high distinctiveness that meet the conditions for the protection of artistic works, they can also obtain copyright protection under China's "Copyright".
For an unregistered trademark to obtain legal protection, it is closely related to its use record and popularity.
Therefore, in addition to actively applying as early as possible In addition to trademark registration, you should also try to retain evidence of use during actual use, especially the following documents that can prove its popularity:
(1) The earliest use record of the trademark;
(2) Transaction documents, products or product packaging using trademarks;
(3) The sales record, sales scope, and even search index of the product or service;
(4) Products or services, the company’s industry rankings and awards, etc.;(5) Media reports on products or services, companies or company founders, etc.;
(6) Advertising about products or services, etc.
(7) Records of trademark protection, etc.
For those trademarks with a high degree of distinctiveness, It is recommended to apply for design or copyright registration for supplementary protection.
Unregistered trademarks are protected by law, but There are also conditions, and rights holders should safeguard their rights on the basis of meeting the conditions. The above is the relevant knowledge on how to protect unregistered trademarks compiled by the editor of Legal Savior.com. If you have any questions, please go to Legal Savior.com for legal consultation.
