What business does a registered trademark of intellectual property risk as people come to realize that, more and more companies have begun to apply for trademark registration, trademark protection, trademark rights and other rights and interests, according to the State Administration for Industry statistics, by 2012 March 29 date, total applications for trademark registration of broke through the million mark, reaching 10,000,346, the cumulative amount of 6,892,999 registered mark, ranking first in the world. Thus, many companies have realized the importance of a registered trademark. That in the end what is a trademark? What business does a registered trademark of risk? Below we take a closer listen Chi Intellectual Property Agency Ltd. Wuxi designed to introduce you to the professionals. First, we have to introduce what is a trademark. Wuxi special Chi Intellectual Property Agency experts to explain the so-called mark, simply put, is a brand of goods, commodity producers and operators to make their own production or business operation of commodity production or with other commodity producers or operators Goods Do not drive to and use of a mark. From concept and definition, trademark registration, trademark refers to the conditions and procedures for the use of trademarks will be used in accordance with its laws and regulations, the State Office (SAIC Trademark Office) application for registration, according to the law by the State Office review, approve legal facts registered. That business is not a registered trademark in the end what risk? Wuxi Chi intellectual property agency dedicated professionals have pointed out that in China, registered trademarks are trademarks protected by law under the premise is to determine the legal basis for the exclusive right to the trademark, once people allowed to use the trademark registration of trademarks, it marks it received the mark of a dedicated rights, and protected by law. Therefore, if the company (trademark user) is not a registered trademark, then do not enjoy trademark rights. This means that you use the trademark, people can also use the trademark, which makes the mark indicating the source of the fundamental role of trade affected, but also lead to action on behalf of certain commodity trademark quality and credibility greatly reduced. For example, A production of "blue sky" brand rice cooker, this pot inexpensive, very popular with consumers. But the "blue sky" trademark is not registered, so some other manufacturers find this pot both good sales but also sell a good price, they have produced in their own rice cooker marked "blue sky" trademark to sell. As a result, fish, A rapid decline in sales in the enterprise market, credit, "Blue Sky" is a trademark plummeted, many more consumers take other production of "blue sky" brand rice cooker A business exchange or request compensation for economic loss. In this case, though contrary to A Company's expectations, but should be expected. A company requesting the Office to stop other companies using the "blue sky" trademark, but the mark is not a registered trademark, A company is not entitled to request A corporate trademark rights, the Office can not be accepted. Secondly, China's "Trademark Law" Article 38 expressly provides that "all unregistered trademarks licensed for use in the same or similar goods and its registered trademark identical or similar trademarks is an infringement of registered trademark infringement behavior. " Thus, if the company does not have a registered trademark may be used in the same or similar trademarked goods on the same or similar to, thereby infringing activity, therefore, the use of an unregistered trademark, no matter what your intention, there is always infringement In addition, once the other person first to register the trademark you are using, then mark the first user but is no longer the exclusive right to use a registered trademark of the mark, this, no matter how long a business to use a trademark, if it is not the registered trademark, then as long as someone else the application for trademark registration, trademark rights will be granted to others, this point in our "Trademark Law" also has clearly defined: Original acquire trademark rights acquired only through trademark registration, trademark registration and application, and the use of application earlier principle that an unregistered trademark in terms of who should apply for registration, who is the exclusive right of the trademark granted. In summary, the companies are not a registered trade mark is not protected by law, can not form the industrial property (even if the employer did not enjoy trademark rights); companies are not registered its trademark is likely to register the same trademark or similar trademarks violations occur, which occurred in financial compensation and reputation damage; therefore, the use of an unregistered trademark of the enterprise shall apply for trademark registration.