How to resolve the conflict between corporate name rights and trademark rights
Trademark rights The main conflicts with enterprise name rights are: a trademark with a certain degree of popularity is used intentionally or unintentionally by other enterprises as the core part of the enterprise name, or a significant part of the name of an enterprise with a certain degree of popularity is applied for registration as a trademark, causing registration The confusion between trademarks and business names creates a conflict between the state's protection of exclusive rights to trademarks and the protection of business name rights.
At present, the law has clearly provided for solving the conflict between corporate name rights and trademark rights:
Article 5 of the "Enterprise Name Registration Management Regulations" stipulates: "The registration authority has the right to correct the unsuitable enterprise name that has been registered, and the higher-level registration authority has the right to correct the unsuitable enterprise name that has been registered by the lower-level registration authority. . Any unit or individual may request the registration authority to correct an inappropriate enterprise name that has been registered."
Article 9 stipulates: "Enterprise name The following content and words shall not be included: (1) harmful to the national and social public interests; (2) likely to deceive or misunderstand the public;..." This regulation clearly points out that the registration of enterprise names may cause harm to the public. If the public causes deception or misunderstanding, it may be corrected by the registration authority.
Article 41 of the Trademark Law, Article 25 of the "Implementing Rules" stipulates: If a registered trademark violates the provisions of Articles 10, 11, and 12 of this Law, or the registration is obtained by deception or other unfair means, the Trademark Office shall revoke the trademark. If a registered trademark is registered, other entities or individuals may request the Trademark Review and Adjudication Board to cancel the registered trademark. The following acts are deceptive or other acts as specified in Paragraph 1 of Article 41 of the Trademark Law:His behavior of obtaining registration by improper means:
(1) Fabricating or concealing the truth or forging application documents and related documents for registration;
(4) Infringe upon the legitimate prior rights of others for registration;
(5) Use other unfair means to register Obtained registration by legitimate means.
Among them, infringement of other people's legitimate prior rights includes infringement of other people's legitimate prior registered business name rights. For such infringement and registration, others You can apply to the Trademark Office or the Trademark Review and Adjudication Board to cancel a registered trademark.
To determine whether it constitutes infringement of other people's business name rights or trademark exclusive rights, the following aspects should be mainly considered:
(1) Business name registration or trademark registration time;
(2) Whether the use of registered business names and registered trademarks will occur Misrecognition of the source of goods or services; this misrecognition includes both misrecognition of the source of goods or services, and misunderstanding that there is some connection between the trademark registrant or owner of the business name and the actual user of the trademark or business name. ;
(3) Comparing the trademark or the company name, which one is more famous;
(4) Whether there is plagiarism when applying for trademark registration or business name registration. Subjective malice such as imitating others;
(5) Improper use of the company name, including deliberately highlighting the use of parts of the company name that are the same or similar to others' registered trademarks, and intentional The abbreviation of the company name, by enlarging the significant part, constitutes the same or similar to the registered trademark of others;
(6) In the act of licensing the trademark, only When allowed to use a registered trademark, the company name of the trademark owner is intentionally used at the same time, causing confusion about the origin of the goods;
(7) Other use of registered company names or The registered trademark causes damage to the trademark rights or business name rights of others.
It can be seen that both trademark rights and corporate name rights are protected by law. Only one of the two acts unfairlyConflicts will only arise when segments acquire rights or use rights improperly, and such conflicts of rights can be resolved through legal means.
If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.