How to identify trade name infringement
1. What is a trade name
Trade name is the manufacturer's trade name, or business name. As a specific symbol of an enterprise, a trade name is an expression of the legal personality of the enterprise. After the trade name is approved and registered, it can be used in plaques, contracts, product packaging, etc. Its exclusive right to use is not time-sensitive and will only be terminated when the manufacturer to which it is attached dies. In some manufacturers, certain words and graphics are both trade names and trademarks. But for most manufacturers, trade names and trademarks are different. Generally speaking, a trademark must exist in connection with the specific goods to which it is attached, while a trade name must exist in connection with the specific manufacturer that produces or operates the goods.
2. Determination of trade name infringement
1. If This trademark is a famous or well-known trademark. If your company’s trademark is identical or similar to it, it will constitute infringement;
2. If this trademark is not a famous or well-known trademark , but your company’s trademark is the same as or similar to it, and the products are similar, it constitutes infringement;
3. The Company name is different from the other two The same words will depend on your company's publicity. If they are used prominently in publicity and cause misunderstanding among consumers, it will also constitute infringement.
4. Even if your company's trademark is not infringed now, if someone registers it in the future, your company's trademark will also constitute infringement in the future.
3. Resolving corporate trade name rights conflicts standards
1. The distinctiveness and precedence of enterprise names (trade names)
All enterprise names have a certain degree of distinctiveness, but the distinctiveness The stronger the distinctiveness, the stronger the protection of the company name. For example, the "Xing*Ke" trademark and company name are made-up words and do not have any special meaning. However, after long-term use, Make it well-known to consumers, so that the "Xing*Ke" trademark and corporate name have achieved strong distinctiveness. Therefore, when foreign companies use corporate names, in addition to using a highly distinctive "Chinese" when approving registration In addition to "name", the company name must be marketed to further strengthen the significance of the company name.
The prior factors of the company name should also be Considerations include prior registration and prior use. The State Administration for Industry and Commerce's "Implementation Measures for the Registration and Management of Enterprise Names" stipulates that when an enterprise uses a name, it shall follow the principle of good faith, and the enterprise name shall not contain the name of another enterprise.
2. The popularity of the company name
The anti-unfair competition protection of the company name and the company name It is directly related to the popularity of enterprise names. Since enterprise names are subject to hierarchical registration management, the "Enterprise Name Registration Management Regulations" only require that the registered enterprise name shall not be the same or similar to the registered enterprise name in the same industry within the jurisdiction of the registration authority, and does not involve the jurisdiction. However, when the popularity of a certain enterprise name and trade name exceeds the jurisdiction of the registration authority, the anti-unfair competition protection for its name should extend beyond the jurisdiction of registration and provide protection within the area of its popularity, so as to It is prohibited to register and use other people’s well-known business names without authorization, causing market confusion and unfair competition that takes advantage of other people’s reputations. In other words, if the reputation exceeds the jurisdiction of the registration authority, it will be protected by the Anti-Unfair Competition Law within its well-known area.
In a sense, for business names that constitute a conflict of rights and are well-known, the "Anti-Unfair Competition Law" protects the well-known business names. Because a well-known company name reflects more business investment and output of the right holder. Therefore, the more publicity work a company puts into improving the popularity of the company name, the stronger the protection it will receive.
3. The extent to which the company names are the same or similar
The extent to which the company names are the same or similar is deemed to be sufficient to generate relevant public Necessary conditions for confusion and misidentification. In the case of plaintiff ** Weir International Corporation and defendant ** HuoIn the case of disputes involving infringement of corporate name rights by Honeywell Radiator Co., Ltd., the defendant registered the corporate name "Honeywell" and used it on its product packaging. The "Honeywell" logo it used was inconsistent with the plaintiff's corporate name rights. Comparing the name rights of the "Honeywell" logo, the three characters "Huo, Ni, and Er" are exactly the same, and only "Wei" and "Wei" are different. However, the pronunciation of the two is the same, which is enough to make ordinary consumers think of the defendant. The products produced were caused by confusion and misidentification of the plaintiff company, so the court determined that the defendant's registration of the "Honeywell" corporate name and use of it on its products constituted unfair competition against the plaintiff's **Honeywell International Company's corporate name rights.
When comparing enterprise names to determine whether they are the same or similar, the entirety and main salient parts of the enterprise name indicated by the enterprise name should be observed and compared. The so-called main part refers to the most eye-catching part of the company name that can easily attract the attention of the relevant public. In addition to considering pronunciation, meaning, glyphs, arrangement order, etc., the comparison also needs to be done in isolation at different times and places.
4. Is the company name sufficient to cause confusion and misunderstanding among the relevant public?
Is it sufficient? Causing confusion and misunderstanding is a necessary element for determining corporate name infringement, because it is enough to cause confusion and misunderstanding among the relevant public, which will cause substantial damage to the right holder's corporate name and make the relevant public confused when purchasing products. Confusing the origin of goods. In other words, when the company names are the same and the reputation is equivalent, the relevant public can completely distinguish the market entities, goods or services represented by the company name accused of infringement and the company name of the right holder, which is not enough to cause confusion and misunderstanding. , does not constitute unfair competition.
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