Why must a trademark be registered? Trademark registration is voluntary and not compulsory.,But if you don’t register,Once someone registers,You can no longer use this trademark。A trademark is a sign or combination of signs that distinguishes goods or services.。my country’s Trademark Law follows the principle of voluntary registration of trademarks,Not mandatory
Require
Products must be trademarked,Rules that force registration as exceptions,Only certain specific goods require compulsory registration。
Article 3 of my country’s Trademark Law stipulates:"A trademark approved and registered by the Trademark Office is a registered trademark,including product trademarks、Service marks and collective marks、certification mark;The trademark registrant enjoys the exclusive right to use the trademark,protected by law。"Under the corresponding rules,Trademarks can be divided into registered trademarks and unregistered trademarks (also known as unregistered trademarks)。
Registered trademarks refer to trademarks that have been approved for registration and use by the national trademark authority.,Unregistered trademarks refer to trademarks that are used independently without the approval and registration of the national trademark authority.。
The legal status of registered trademarks and unregistered trademarks are different,The difference is mainly reflected in the following three aspects::
- The owner of a registered trademark can exclude others from registering identical or similar trademarks on the same type of goods or similar goods.;Users of unregistered trademarks have no right to exclude others from registering identical or similar trademarks on the same or similar goods.,If it does not apply for registration,You may be preempted by others to register,and be prohibited from continuing to use the trademark。
- The owner of a registered trademark enjoys exclusive rights to the trademark,When a registered trademark is counterfeited and used by others,Constituting trademark infringement,Trademark owners can request illegal users to bear legal responsibility;It is a fact that the user of an unregistered trademark uses an unregistered trademark,rather than a right,It has no right to prohibit others from using it,The first user has no right to use it by a third party、Invoke trademark law to request litigation protection。
- It is the right of the trademark owner to use an approved registered trademark on approved goods.,Trademark owners exercise these rights,Issues that do not involve the exclusive rights of others’ trademarks;Once the user of an unregistered trademark is the same as someone else’s registered trademark,、or similar,constitute a trademark,should bear corresponding legal responsibilities。
Trademarks promote goods、Distinguish the source of products or services、Indicate product quality、Guiding product selection and other functions,To some extent, trademarks loved by the masses have huge intangible value.。so,Trademarks should still be registered,to be protected by law。
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