How to resolve conflicts between trademarks and trade names

A trademark is a symbol such as a graphic or text on a product. The trade name refers to the manufacturer's trade name, which is a specific symbol of the enterprise. What should you do if your trademark and trade name conflict? How should conflicts between trademarks and trade names be resolved? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How to resolve conflicts between trademarks and trade names

1. Resolution mechanism for cases where someone else’s trademark is registered as a trade name

If the prior trademark owner sues for trademark infringement case, the main applicable legal basis is Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases": Use words that are identical or similar to others' registered trademarks as the company's trade name on the same or similar goods. If the trademark is used prominently and is likely to misunderstand the relevant public, it is an act that causes other damage to the exclusive rights of others to register a trademark as stipulated in the Trademark Law.

2. Cases involving registration of other people’s trade names as trademarks Solution

The owner of the prior trade name is in the preliminary trademark review Trademark opposition procedures can be initiated during the announcement period, effectively preventing trademark registration.

Article 32 of the Trademark Law: When applying for trademark registration, you must not damage the existing prior rights of others, nor use unfair means to seize the rights.First register a trademark that has been used by others and has certain influence.

"Trademark Examination and "Trial Standards" stipulates: If you apply to register as a trademark the same or basically the same wording as a trade name that has been previously registered and used by others and has a certain degree of popularity, which is likely to cause confusion among the relevant public in China and may cause damage to the interests of the prior trade name rights, you should It is determined as an infringement of the prior trade name rights of others.

It can be seen that the key to preventing trademark rights confirmation is It depends on whether the prior trade name has a certain reputation among the relevant public and whether it will cause confusion and misunderstanding.

The owner of the prior trade name can also invalidate the trademark Procedure to cancel the later trademark, or sue the owner of the later trademark, which constitutes unfair competition. If the trademark invalidation procedure is initiated, it is similar to the trademark opposition procedure and the application of law. If anti-unfair competition litigation is initiated, the holder of the earlier trade name right is required to have a relatively high reputation, and the business engaged in by the earlier trade name right is in competition with the goods or services approved for use by the later trademark. In addition, the later trademark right holder is also required to There is malicious intention to cling to the prior trade name for the purpose of confusion.

In the above article, the editor brings you This article explains the mechanism for resolving cases where someone else’s trademark is registered as a trade name and how to resolve a case where someone else’s trade name is registered as a trademark. I hope it will be of some help to you in solving your problem. If you still have any questions, Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.