1. Can the subject of a trade name dispute be an individual?
1. Basis According to the relevant laws of our country, trade name rights refer to the rights that merchants have over their trade names, including the right to use trade names and the right to exclusive use of trade names. The subject of trade name rights is an independent commodity producer or operator who has obtained commercial subject qualifications in accordance with the law. Therefore, The subject of a trademark right dispute cannot be an individual.
2. Legal provisions: "Provisions on the Management of Enterprise Name Registration"
Article 20 The name used on the company's seal, bank account, plaque, and letterhead should be the same as the registered company name. The name plaques of enterprises engaged in commerce, public catering, services and other industries can be appropriately simplified, but they must be reported to the registration authority for filing.
The local registration authority requires processing. The registration authority has the power to order the infringer to stop the infringement, compensate the infringer for the losses suffered due to the infringement, confiscate the illegal gains and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.
For those who infringe upon the exclusive right of another person's business name, the infringed party may also directly file a lawsuit in the People's Court.
2. What are the principles for business name registration
1. Principle of compulsory registration
All business entities, whether legal persons, partners, or individual industrial and commercial households, A business name must be registered at the time of business registration. Once a trade name is approved and registered by the registration authority, it will be protected by national law. Trade names that have not been approved and registered are not allowed to be used.
2. First-to-visit principle
Two or more applicants within the legal scope apply for registration in the same business industry with the same or similar trade name , the trade name with the first application approved by the registration authority.
3. Principles of hierarchical assessment and management
"Implementation Rules of the Regulations on the Registration and Management of Enterprise Legal Persons" Paragraph 5 of Article 24 of "Article 24" stipulates: "The registration authority implements hierarchical management of name registration, and verifies and supervises it in accordance with relevant special regulations." The so-called hierarchical verification and management refers to the administrative division name at which level when approving and managing business names. , registered and managed by the industrial and commercial administrative department at any level.
4. The entity name is the business name of the business entity. In order to prevent fraud and facilitate management, Chinese law restricts a business entity to only use one trade name. "Because For special reasons, if two names are used with the approval of the industrial and commercial administration authorities, the funds shall not be registered twice.
The above knowledge is the editor's analysis of relevant legal issues Answer: Trade name rights refer to the rights that merchants have over their trade names, including the right to use trade names and the exclusive right to use trade names. The subject of trade name rights is an independent commodity producer or operator who has obtained commercial subject qualifications in accordance with the law, so the subject of trademark right disputes It cannot be an individual. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
