Is a one-letter difference in the store name considered infringement
If the one-letter difference in the store name is enough to mislead consumers , it can be deemed as an infringement of trademark rights and an act of unfair competition, and the infringed party can demand compensation from the infringer.
Relevant legal provisions:
"Trademark Law of the People's Republic of China"
Article 50 Article 8 Anyone who uses someone else's registered trademark or unregistered well-known trademark as a trade name in a company name to mislead the public and constitute unfair competition shall be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
"Anti-Unfair Competition Law"
Article 6 Operators shall not engage in the following confusing behaviors to cause people to mistakenly think that they are other people’s goods or have a specific connection with others:
(1) Unauthorized use of logos that are identical or similar to others’ product names, packaging, decoration, etc. that have a certain influence;
(2) Unauthorized use of other people’s business names that have certain influence ( Including abbreviation, font size, etc.), name of social organization (including abbreviation, etc.), name (including pen name, stage name, translated name, etc.);
(3) Unauthorized use of the main part of domain names, website names, web pages, etc. that have certain influence on others;
(4) Other confusing behaviors that can lead people to mistakenly think that they are other people’s goods or have a specific connection with others.
Article 18 Operators violate Article 6 of this Law Article 11 Whoever commits confusing acts shall be ordered by the supervision and inspection department to stop the illegal acts and confiscate the illegal goods. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is insufficient If the amount is 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If the circumstances are serious, the business license shall be revoked.
If the enterprise name registered by the operator violates the provisions of Article 6 of this Law, the operator shall promptly handle the name change registration; before the name is changed, the original enterprise registration authority shall use the Unified Social Credit The code replaces its name.
The above is the relevant knowledge compiled by the editor of Legal Network for you. If the difference of one word in the store name is enough to make the consumer If the infringer is misled, it can be deemed as an infringement of trademark rights and an act of unfair competition. The infringed party can demand compensation from the infringer. If readers encounter other problems, they can come to the Legal Savior website to find a professional team of lawyers for consultation.
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