Is a corporate name a trademark?
Corporate names are not trademark rights. There is a big difference between them.
The exclusive right to use a trademark is granted by the applicant in accordance with the Trademark Law According to the regulations, it must be registered with the National Trademark Office. Its rights include the right to use and the right to disable. The right to use means that the right holder can use a trademark to distinguish his own goods or services from those of others.
According to the provisions of my country’s Trademark Law, trademarks The right of prohibition means that after the trademark is approved for registration, the owner of the exclusive right to the trademark has the right to prohibit others from registering the same or similar trademark on the same or similar goods; on the other hand, the owner of the exclusive right to use the trademark may prohibit others from using the registered trademark without permission or illegally. If it causes confusion among the relevant public, they have the right to request the industrial and commercial administrative department or the people's court to order the infringer to stop the infringement and compensate for losses.
The font size is obtained by the applicant through registration with the industrial and commercial administration departments at all levels in accordance with the "Regulations on the Registration and Management of Enterprise Legal Persons". The font size is the only one in the company name that can be self-named and designed.A certain part has distinctive characteristics that distinguish the manufacturer or service provider of goods, and demonstrates the goodwill and social image of the enterprise. The owner of the trademark right can legally use his trademark, or he can request the registration authority to prohibit the use of the trademark by enterprises in the same industry within the same jurisdiction.
The right to use a font size and the exclusive right to register a trademark are Equality and independence, no distinction between strong and weak rights.
When two equal rights conflict, generally It is believed that the matter should be handled in accordance with the principles of good faith and protection of prior rights, rather than simply taking priority over trademark rights over trade name rights. Prominent use of words that are identical or similar to others' registered trademarks as a company's trade name on identical or similar goods may easily lead to misunderstanding by the relevant public, which constitutes trademark infringement. This interpretation sets strict conditions for trademark owners to exercise their right to prohibit trademarks: the use of font size is prominent and is likely to misunderstand the relevant public.
The right to disable a trademark is limited because the trademark right is only A limited monopoly right. The monopoly rights of trademarks are not absolute, and words registered as trademarks cannot be considered to become the private property of the trademark owner. The right owner cannot rely on its exclusive rights to prohibit others from registering the same words as the registered trademark as a trade name, nor can it prohibit others from legitimately using the trade name. Only when others improperly exploit or cling to the influence and business reputation of an earlier trademark in the minds of consumers, thereby damaging or destroying the identification function of the trademark, the trademark owner can prohibit others from using the trade name.
In other words, only consumers can distinguish between font size and trademark. It is necessary to prohibit the use of font names only when there is or is likely to be confusion between the business entities, goods or services to which they refer. If there is no possibility of confusion among consumers, under the existing legal framework, such use of font sizes is considered fair use and does not constitute trademark infringement.
The above is the relevant knowledge compiled by the Hualv editor for you. If you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust the legal help of the Legal Savior Network You get out of legal trouble.
