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Can the unregistered trademark be used on product packaging?

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I checked on the trademark website. There are only similar ones, not identical ones. I consulted and said that the registration risk is very high, so I didn’t register and used it directly. Is it illegal?

unregistered trademarks can be used in China, but their rights and interests are not protected by law

unregistered trademark refers to a trademark that has not been registered by the national competent authority and the user does not have the exclusive right to use the trademark. Unregistered trademarks do not enjoy the exclusive right to use trademarks and cannot be protected by invoking the trademark law. The unregistered trademark used shall not be the same as or similar to the registered trademark of others on the same or similar goods and services

the current trademark system in China is the trademark registration and use system. The right subject of a registered trademark enjoys the exclusive right to use its trademark according to law, and excludes others from using the same or similar goods on the same or similar goods specified by its registered trademark

> refers to the difference between a trademark that is not registered and a trademark that is not registered by the national competent authority. Unregistered trademarks, also known as non registered trademarks, refer to trademarks that are used by themselves without the approval and registration of the national trademark authority. The legal status of unregistered trademarks is different from that of registered trademarks, mainly in the following aspects:

first, the owner of a registered trademark can exclude others from registering the same or similar trademarks on the same or similar goods; Users of unregistered trademarks have no right to exclude others from registering the same or similar trademarks on the same or similar goods. If they do not apply for registration, they may be preempted by others and prohibited from continuing to use the trademark

secondly, the registered trademark owner enjoys the exclusive right to use the trademark. When the registered trademark is counterfeited and used by others, which constitutes trademark infringement, the trademark owner can request the illegal user to bear legal liability; The use of an unregistered trademark by the user of an unregistered trademark is only a fact, not a right. It has no right to prohibit others from using it. The first user has no right to invoke the trademark law to claim litigation protection for the use of a third party

thirdly, the use of the approved registered trademark on the approved goods is the right of the trademark owner. The trademark owner exercises these rights without involving the exclusive right of others to use the trademark; Once the use of unregistered trademarks is confused with the registered trademarks of others, it is easy to constitute trademark infringement and should bear the corresponding legal liability

reference source: Baidu Encyclopedia – unregistered trademark

reference source: Baidu Encyclopedia – registered trademark

it can be used, but it is not protected by law
the principle of voluntary registration is applied to trademarks in China, so they can only be used without registration. At present, a large number of trademarks in actual use in China have not been registered. However, because China’s law only protects the exclusive right of registered trademarks, the right basis of non registered trademarks is very unstable. Once those unregistered trademarks are first registered by others, their own brands will fall into the hands of others.

don’t develop. Owners of similar objects generally don’t pay attention to you, but when you develop well, they will sue you for infringement and ask for compensation. People are interested in profits, but you can solve it if you want to register

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