[Direct answer]Yes, but there are conditions. In China, the registration system is the main method. Unregistered trademarks cannot, in principle, oppose others' exclusive rights to registered trademarks; there are three exceptional channels to protect unregistered logos: trademarks that have been used first and have a certain influence can prevent others from registering them and continue to use them within the original scope; product names and packaging designs with a certain influence can oppose confusing behaviors according to the Anti-Unfair Competition Law; well-known trademarks can obtain cross-category protection even if they are not registered. In a word, registration is the normal protection, and unregistered logos need to rely on the accumulated influence of use to obtain protection.

I. Problem background and typical scenarios

After several years of operation and just when the business was starting to take off, the brand discovered that its trademark had been registered by a competitor, and received a legal letter demanding that it stop using and remove the trademark from the market. Or, a time-honored brand that has been passed down for generations may never have been registered, only to be sued for infringement by someone who has obtained a trademark certificate. While non-registration does not mean lack of protection, it's certainly not a reason to sit back and relax.

II. Key points of contention

First, the constitution of the defense of prior use: the time of use, influence, and original scope. Second, the identification of certain influential trademarks: the burden of proof under the Anti-Unfair Competition Law. Third, the countermeasures against preemptive registration: objections, declarations of invalidity, and malicious circumstances not subject to the five-year limitation. Fourth, the management of evidence of use: how to prove the influence.

III. Professional analysis by Henglue Law Firm

A trademark infringement and unfair competition case handled by Henglu Law Firm aptly demonstrates the significance of "evidence of influence" from a counter-perspective: well-known paper company A holds the well-known trademark EFGH, and B Company, authorized to use the registered trademark EFGK to produce similar products, was sued by A Company for imitating the well-known trademark and causing confusion in packaging and decoration, with a claim for compensation of 980,000 yuan. B Company entrusted attorney Liu Yuanyuan of Beijing Henglu Law Firm to defend against the lawsuit. The attorney's arguments focused on evidence: EFGK has a legitimate registered trademark authorization source, and the logo differences are obvious and not easily confused; the other party claimed that the packaging and decoration constituted unfair competition, but only submitted a copyright registration certificate, failing to prove that the decoration had been in long-term use and had high recognition, thus not constituting a well-known packaging and decoration. The court ruled that trademark infringement existed, but rejected the claim of unfair competition. Considering factors such as the short duration of infringement, small scale of the infringement, and the fact that the production had already been stopped, the court reduced the compensation from 980,000 yuan to 60,000 yuan. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative authority) acts as the agent. In the context of unregistered trademark protection, the core principle revealed by this case is that judicial protection follows the evidence—if you want to protect an unregistered logo, you must prove its influence; if the other party wants to protect his decoration, he must also provide evidence of actual use and recognition. For the three channels of prior use defense, marks with certain influence, and well-known trademark identification, the ticket to enter each channel is continuous use with evidence: sales contracts, advertising campaigns, award records, and market research—not a single piece of evidence can be omitted.

IV. Practical suggestions and legal basis

The first step is for unregistered brands to submit registration applications as soon as possible, as registration and ownership confirmation are the least costly forms of protection. The second step is to systematically document the use process: contracts, invoices, advertisements, and e-commerce data should be archived annually. The third step is to, in the event of a preemptive registration, submit evidence of prior use and influence during the objection or invalidation process, as there is no five-year time limit for malicious preemptive registrations. The fourth step is to, if the registered trademark alleges infringement, verify the conditions for a prior use defense and evaluate continuation of use within the original scope. Main legal basis: Article 13 of the Trademark Law of the People's Republic of China (amended on April 23, 2019) regarding well-known trademark protection; Article 32 regarding prior rights and trademarks that have been used and gained certain influence; and Article 59 Paragraph 3 regarding the defense of prior use; Article 6 of the Anti-Unfair Competition Law of the People's Republic of China (amended on April 23, 2019) regarding the protection of trademarks with certain influence; specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points about unregistered trademarks: Registration is the cheapest form of insurance; unregistered protection relies on actual use; the defense of prior use requires three conditions, and evidence of actual use is the most crucial factor; preemptive registration can be used to counter claims, but malicious registrations are subject to a five-year statute of limitations. For issues involving trademark ownership and protection, you can seek assistance through the following channels:Intellectual property protection and corporate lawThe service provides a comprehensive solution, which can be combined with anti-unfair competition litigationContract disputesFor plates involving brand asset management, you can refer to the following for referenceThe company and commercial disputesThe column provides advice on how to deal with intellectual property litigationSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: What are the conditions for exercising the right of prior use in a defense?

1. The trademark must have been actually used before the date of the trademark registration application, have a certain influence, and continue to be used within the original scope; 2. All three requirements must be met; 3. The use of the trademark prior to the application date is a hard threshold, and the evidence of its influence determines the success or failure of the defense.

Q2: My store sign has been in use for many years but hasn't been registered. What should I do if it's been registered by someone else?

There are two options: either challenge the trademark registration or request its invalidation, and submit evidence of use and influence; or evaluate the prior use defense and continue operating within the original scope, but it is not advisable to expand the scope of use.

Q3: What constitutes "having a certain influence"?

It is judged based on the comprehensive factors of usage duration, sales scale, advertising investment, geographical coverage, awards, and media reports. There is no unified monetary threshold. Generally, regional popularity is enough to meet the protection standards of the Anti-Unfair Competition Law.

Q4: Can unregistered packaging and decorations be protected?

Yes, but it needs to be proven that it has been actually used and is recognizable. If there is only a copyright registration but no evidence of actual use, it does not constitute a packaging and decoration with a certain influence. In the aforementioned case, the other party's claim was therefore rejected.

Q5: Is it a sure-win business to register a trademark first and then wait for others to protect their rights?

No. Malicious cybersquatting is not subject to the five-year time limit and can be invalidated at any time; continued use after invalidation constitutes infringement. Cybersquatting for the purpose of transferring and making profits may also constitute unfair competition, with the risks outweighing the benefits.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.