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Specifications For The Use Of Unregistered Trademarks

2010/11/23 18:15:00 78

Relevant Provisions On The Use Of Unregistered Trademarks

China's trademark law forty-eighth specifically targeted at

Unregistered trademark

Of

Use

Done

Relevant provisions

1., an unregistered trademark shall not be used as a registered trademark; 2., the eight type of mark listed in the tenth article of the Trademark Law shall not become an unregistered trademark; and 3., a commodity or service that uses an unregistered trademark can not make false propaganda or deceive consumers.


The fifteenth article of the "Regulations on the administration of the printing of trademarks", which came into effect on September 1, 2004, clearly stipulates that the "trademark mark" mentioned in the method refers to the visible carrier with trademark, which is incorporated into the circulation field with goods matching, including both the registered trademark logo and the unregistered trademark logo.

At the same time, the sixth regulations also provide for the printing of unregistered trademarks.

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Legal Consequences Of Unauthorized Registration Of Unregistered Trademarks

Even if an unregistered trademark with exclusive rights may not be approved for registration at the end, there will be a problem of how the legal liability should be borne if the unregistered trademark in the trademark licensing contract has not been approved at last, or is recognized as infringing on the prior rights of the third party.