What are the introductions to conflicts between corporate names and trademark rights and how to deal with them
1. The exclusive rights to trademarks and corporate names are Rights confirmed by legal procedures are protected by trademark laws and regulations and corporate name registration management laws and regulations.
2. Obtaining exclusive rights to trademarks and corporate name rights , should abide by the principle of good faith in the Civil Code and the Anti-Unfair Competition Law, and shall not use the reputation of the business name of another person's trademark to engage in unfair competition.
3. Trademarks distinguish the sources of different goods or services. A logo is composed of words, graphics or a combination thereof; a Company name is a symbol that distinguishes different market entities, and is composed of administrative division, trade name, industry or business characteristics, and organizational form, of which trade size is the main symbol that distinguishes different companies.
4. The words in the trademark and the words in the company name If the same or similar trade names cause others to confuse market entities and the sources of their goods or services (including the possibility of confusion, the same below), thus constituting unfair competition, they shall be stopped in accordance with the law.
5. The confusion referred to in the preceding article mainly includes:
(1) Registering words that are the same or similar to the font size in other people’s business names as trademarks, causing the relevant public to object to the owner of the business name and the trademark registrant Misrecognized or misunderstood.
(2) The trademark will be the same as or similar to the registered trademark of others The words are registered as trade names in the company name, causing the relevant public to misunderstand or misunderstand the trademark registrant and the owner of the company name.
6. Dealing with trademarks and enterprises When it comes to name confusion, the principles of maintaining fair competition and protecting the interests of prior legal rights holders should be applied.
7. Handling cases of confusion between trademarks and business names, The following conditions should be met:
(1) Trademark and enterprise The name causes confusion and damages the legitimate rights and interests of the prior rights holder;
(2) The trademark has been registered and the company name has been registered;
(3) Five days from the date of trademark registration or company name registration Requests made within the year (including requests that have been made but have not yet been processed), but this does not apply to malicious registrations or malicious registrations.
8. The trademark registrant or business name owner believes that If your rights and interests are harmed, you may complain in writing to the State Administration for Industry and Commerce or the provincial Administration for Industry and Commerce, and attach relevant evidence and materials proving that your rights and interests have been harmed.
9. Cases of confusion between trademarks and business names occur If the case is within the same provincial administrative region, it will be handled by the Provincial Administration for Industry and Commerce; if it crosses provincial administrative regions, it will be handled by the State Administration for Industry and Commerce.
For cases requiring protection of exclusive rights to trademarks, the provincial The enterprise registration department of the administrative bureau for industry and commerce at or above the level shall be responsible for the change; if the enterprise name should be changed, the administrative department shall work with the trademark management department to implement the change according to the enterprise name approval authority, and report it to the Trademark Office and Enterprise Registration Bureau of the State Administration for Industry and Commerce for filing.
For cases requiring the protection of corporate name rights, the provincial The trademark management department of the State Administration for Industry and Commerce at or above the level shall be responsible for this; if a registered trademark should be revoked, the handling department shall put forward its opinions and submit it to the Trademark Office of the State Administration for Industry and Commerce for decision. " and the relevant provisions of the "Trademark Law Implementation Regulations".
10. Violation of relevant regulations on trademark management and enterprise name registration Use a trademark or company nameIf confusion occurs, the competent industrial and commercial administration authorities will investigate and deal with it in accordance with the law.
Trademark exclusive rights and corporate names are protected by law, If the relevant regulations on trademark management and enterprise name registration are violated, and confusion arises in the process of using the trademark or enterprise name, the industrial and commercial administration agency with jurisdiction over the case may impose administrative sanctions in accordance with the law. Investigate. If you still have any questions, you are welcome to go to the Legal Savior Network for legal consultation.
