What are the consequences of not registering a trademark
1. The user does not enjoy the exclusive right to trademark
The trademark you use can also be used by others, which undermines the basic function of the trademark to indicate the source of the goods. As a result, the role of trademarks in representing product quality and reputation has been greatly reduced.
2. There is a risk of trademark preemption
According to the relevant provisions of the Trademark Law, the first-to-file principle is adopted. Once someone else registers the trademark first, the first user of the trademark will no longer be able to use the trademark.
3. Infringement of the rights of others
Unregistered trademarks may be the same or similar to those used in The registered trademarks on the goods are identical or similar, resulting in infringement.
4. It cannot become intangible assets
Users of unregistered trademarks do not enjoy exclusive rights to the trademark , is not protected by law, cannot form industrial property rights, and therefore cannot become the intangible assets of the user.
How to protect your trademark
1. Apply in time Register a corporate trademark
Enterprises must have advanced brand awareness and apply for trademark registration before or while using the trademark to protect their brand in advance and prevent it from being robbed. Note. However, few domestic companies can apply in time, and even many well-known companies have not registered. For example, Harbin’s “Zhengyanghe” soy sauce has no addedI tried to register a trademark, but it was snapped up by others. In the end, it cost me 500,000 yuan just to redeem the trademark. It can be said that the gain outweighs the loss. In addition, companies should renew their registered trademarks in a timely manner. There are often some professional annotators who take advantage of the company's failure to renew their trademarks in time and apply to register the trademark as their own, causing the company to waste time, effort and even go through many twists and turns before it can regain its golden name.
2. Trademark registration must be carried out strategically
Applying for trademark registration is a "first-class commodity" "One trademark requires one application", and a trademark can be applied for registration on dozens of categories of goods. For a company that continues to develop, just applying for one category of goods is far from enough. For example, the "Hui-Yuan" trademark was only registered on "juices and beverages" when it was first established. After more than ten years of development, Hui-Yuan produces and sells more than 400 products, which are exported to the United States and Europe. However, when Huiyuan expanded its business scale and applied for a registered trademark, it was discovered that the "Huiyuan" trademark had already been registered by others in other product categories, causing Huiyuan to suffer huge losses. Therefore, a trademark with a certain degree of popularity should be registered separately for similar or non-similar product categories to the trademark, that is, multi-category registration to effectively defend against trademark squatting.
3. Third, trademark objections must be timely and sufficient
For a preliminary approved trademark, if If an enterprise believes that the trademark is already in use, it should file a trademark objection within the three-month announcement period. When an enterprise raises an objection, it should provide sufficient evidence to prove that others have registered it by unfair means, and that the trademark involved has been used by it and has had a certain influence.
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