Legal Consequences Of Unauthorized Registration Of Unregistered Trademarks

Even with exclusive rights.

Although the trademark law does not explicitly stipulate the right to apply for trademark, like the patent law.

However, the 29 provision of trademark registration in China stipulates that the system of trademark first application is to apply for registration with the same or similar trademark on the same commodity or similar commodity, and preliminarily approve and announce the trademark that applied for the prior application, and reject the application of others, without announcement.

This shows that even the trademark being applied is entitled to certain statutory rights and interests.

The forty-seventh provision of the patent law stipulates that the decision to invalidation of a patent shall not be retroactive to the judgment or ruling of a patent infringement made and executed by the people's court before the patent declaration is invalid, and the decision on the disposition of the patent infringement dispute that has been performed or enforced, and the patent licensing contract and the patent pfer contract already fulfilled.

However, compensation shall be made for the loss caused by the maliciously patented person.

The author believes that the legal consequences of unauthorized registration of exclusive trademarks with exclusive rights can be dealt with in the light of the above principles.

In contrast to the patent right, the designs or words that constitute a registered trademark may also be compatible with other intellectual property rights and other related rights and interests, such as copyright, trade name right, portrait right, special commodity name or decoration, etc. Although the relevant rights and interests are not protected by the trademark law, there are provisions in relevant laws and regulations, such as the general principles of the civil law, the copyright law, the anti unfair competition law, and so on.

Therefore, the author believes that under the condition that the law does not expressly stipulate, the contract for the use of an unregistered trademark should respect the autonomy of the parties concerned.

If there is no agreement, we shall take the responsibility according to the principle of fairness.