Can I apply for a trademark with the same name?

This transfer must be strictly reviewed and approved by the trademark management department before it can be carried out. After the trademark transfer is officially approved, the administrative department shall issue an announcement to the public. From the effective date of this announcement, the assignee has the exclusive right to use the trademark. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can I apply for a trademark with the same name?

In principle, it is possible to register a trademark There are duplicates.

If this phenomenon of duplicate names causes conflicts between the applied trademark and the existing rights and interests of others, or the trademark has been registered by others in advance If there is a high degree of similarity or closeness between other trademarks, the Trademark Office will reject the registration application during the initial review stage.

In other words, it will be impossible to successfully apply for registration of the trademark.

In addition, although the ownership of well-known trademarks that attract much attention can also be changed through transfer, for those trademarks that are already extremely well-known, they The owner can resell or transfer it to a third party.

However, such transfer must be strictly reviewed and approved by the trademark management department before it can proceed smoothly.

After confirmation and relevant documents are signed, the transfer of the registered trademark will be approved and will be made public.

From the date of the announcement, the new owner of the trademark will begin to enjoy the ownership and use rights of the trademark.

"Trademark Law of the People's Republic of China"Article 30Any trademark applied for registration that does not comply with the relevant provisions of this Law or has been registered with others on the same or similar goods Or if the trademarks initially approved are identical or similar, the Trademark Office will reject the application and will not publish it.

Article 8Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, Graphics, letters, numbers, three-dimensional logos, color combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Article 9The trademark applied for registration shall have distinctive features that are easy to identify, It shall not conflict with the previously acquired legal rights of others. The trademark registrant has the right to indicate "registered trademark" or registered mark.

2. Does the company have no trademark infringement with the same name?

Duplication of names cannot be considered an infringement. Nowadays, there are so many people with the same name. How to determine whether it constitutes infringement? If two users apply to register the same name at the same industrial and commercial administrative department, the industrial and commercial administrative department will not be able to approve it.

At this time, it is necessary to conduct a pre-examination process during the registration process, requiring the applicant to provide several alternative names to avoid names that have been registered with the same industrial and commercial administration department Repeat conflict.

However, if someone else has registered the name as a registered trademark, then the problem is slightly more complicated, because what you are infringing at this time is not just the name rights. It also includes infringement of the registered trademark rights.