Dongguan trademark registration refers to the process where a trademark user applies for registration with the national trademark office according to legal procedures, and the trademark is approved for registration. Unregistered trademarks are those that are used on goods or services without going through the trademark registration process.

Trademark Registration is Legally Protected

Article 3 of the "Dongguan Trademark Registration Law" stipulates that trademarks approved and registered by the Trademark Bureau are registered trademarks, and the registrants of such trademarks enjoy exclusive trademark rights, which are protected by law.

The "Dongguan Trademark Registration Law" reflects two characteristics regarding the protection of unregistered trademarks:

There are two types of unregistered trademarks protected under trademark law: unregistered famous trademarks and unregistered trademarks with certain influence.

2. The rights of two unregistered trademarks in Dongguan are different. Exclusive usage rights are granted to unregistered famous trademarks, while only priority registration rights are given to unregistered trademarks with some influence. Article 13, Paragraph 1 of the "Trademark Law" stipulates: "Applications for registration of trademarks for identical or similar goods that copy, imitate, or translate an unregistered famous trademark in China, which are likely to cause confusion, shall not be registered and shall be prohibited from use." Article 31 of the "Trademark Law" states: "The application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it be registered prematurely by means of unfair competition in relation to a trademark that has been used and has some influence." Article 41, Paragraph 2 provides: "If a registered trademark violates the provisions of Article 13 or Article 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to revoke the registration within five years from the date of trademark registration. For those who register maliciously, there is no time limit for the owner of the famous trademark."

3. Generic, unregistered trademarks are not protected under trademark law.

The "Dongguan Trademark Registration Law" fails to provide clear protection for ordinary unregistered trademarks, leaving them in a state of unsecured rights, susceptible to being banned at any time due to the approval of similar or identical trademarks by others. Therefore, to use common trademarks with security, registration is necessary.