Can you sue for trademark infringement without registration in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of the legal protection for unregistered trademarks in China. This article will discuss whether unregistered trademarks have legal protection in China, what constitutes infringement of unregistered trademark rights, and the expertise of Michael Xu's legal team in trademark infringement legal services.

I. Do Unregistered Trademarks Have Legal Protection in China?

Legal Status of Unregistered Trademarks

1. Commercial Reputation: If an unregistered trademark is already well-known in the market and has a certain level of commercial reputation, it can receive legal protection.

2. Prior Use Rights: According to the Trademark Law, unregistered trademarks that have been previously used and have a certain level of influence can be protected under prior use rights.

Protection of Well-Known Trademarks

Unregistered Well-Known Trademarks: Even if a trademark is not registered in China, if it is well-known domestically or internationally, it can receive protection in China. Well-known trademarks are given special legal protection and can prohibit others from registering or using identical or similar trademarks.

II. What Constitutes Infringement of Unregistered Trademark Rights?

Unfair Competition Acts

1. Imitation of Unregistered Trademarks: Unauthorized use of marks identical or similar to another's unregistered trademark, causing consumer confusion or misrecognition, constitutes unfair competition.

2. Malicious Preemptive Registration: If someone preemptively registers a trademark that has already been used and has influence, this act constitutes infringement of the unregistered trademark's rights.

Market Confusion Acts

Confusing Consumers: Using marks identical or similar to an unregistered trademark, leading consumers to mistakenly believe there is a connection with the unregistered trademark holder, causing market confusion and infringing on the rights of the unregistered trademark.

Other Unfair Competition Acts

1. False Advertising: Misleading consumers through false advertising, damaging the interests of the unregistered trademark holder.

2. Malicious Slander: Maliciously disparaging the unregistered trademark, affecting its market reputation.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in trademark infringement legal services in China. We are dedicated to providing comprehensive trademark protection and enforcement solutions to help clients effectively safeguard their trademark rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and trademark experts specializing in trademark infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling trademark infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in trademark protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex trademark infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous trademark infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign enterprises can ensure their trademarks are fully protected in China and receive the most professional legal support and solutions when facing trademark infringement issues.