What are the main conflicts between trademark rights and corporate names
The essence of the dispute between trademark rights and corporate name rights is trademark rights Conflict with Trade name rights.
The main forms of expression are:
1. The use of trademarks in business names and registration of others The words in a trademark for goods or services that have a certain reputation and have a certain reputation are registered and used with the industrial and commercial authorities as a trade name in the name of the enterprise. This is the most important and common situation in the conflict between trademark rights and trade name rights.
2. The trademarked use of the trade name in the company name, That is, registering a trade name in a business name previously registered by others as a trademark, thus causing a conflict between trade name rights and trademark rights. For example, in the trademark infringement case brought by Hangzhou Zhang Xiaoquan Scissors Factory against Shanghai Zhang Xiaoquan Scissors Store in 1999, the trademark rights acquired later conflicted with the trade name rights previously acquired by others. Compared with the creation of trademark awareness, the opportunity and difficulty of creating awareness for a trade name in a company name are much greater. Therefore, in practice, the frequency of conflicts between trademark rights acquired later and trade name rights acquired earlier by others is far more frequent. Less than the right to trade nameInfringement of trademark rights.
The conflict between the above trademark rights and trade name rights will cause The owner of the prior trademark right or trade name right has caused damage and put the companies with prior rights at risk. That is, if other companies are not stopped in time from registering their trademarks as business names or registering their trade names as trademarks, their business results may be at risk. Shared by others, the risks of other companies may be borne by oneself. At the same time, it will also cause consumers to confuse and misunderstand the source and quality of goods and services, mislead consumers, and then harm the interests of consumers.
Causes of conflict
1. Differences in management systems
According to China's current system, the right to grant trademarks in our country lies with the Trademark Office of the State Administration for Industry and Commerce. It is the only agency in China responsible for trademark registration and approval. It uniformly accepts and examines registered trademarks. Once registered, a trademark is valid nationwide. , the trademark owner has the exclusive right to use the registered trademark. The registration of enterprise names is the responsibility of the industrial and commercial authorities at all levels. From the State Administration for Industry and Commerce to the county and district industrial and commercial administration bureaus, they have the right to search whether there are identical or similar enterprise names within their jurisdiction. If there are no identical enterprise names, , then the registered enterprise name is approved and the trade name right is also generated at the same time, and there is no need to check whether the trade name in the enterprise name is the same as another person's trademark. This fragmented system determines the conflict between trademark rights and corporate name rights.
2. Similarity of trade name and trademark in company name
The similarity between trademarks and trade names refers to their similar functions, that is, in distinguishing commercial entities, products and services, and thus to consumers. are similar in their guiding role. A trade name is the most distinctive mark in a business name, and a trademark is a mark for a product or service. Both are marks of a business that distinguish products or services and guide consumers to identify them. For example, a manufacturer will The trade name is prominently marked on products, instructions, advertisements and brochures, packaging and business premises. In this case, the trade name and trademark are difficult to distinguish, and consumers can use these marks to distinguish the products and services of different companies. , enterprises can also guide consumers' choices through the use of trade names. The similarity between trade names and trademarks is more obvious in the field of service marks. Since service providers do not have a material carrier, its use is attached to the company's Regarding the services provided by consumers, in most cases, a company's trade name, company name or its abbreviation is a service trademark. The characteristics of the service industry make the trade name's guiding role for consumers no less than a service trademark.
3. Driven by economic interests
Trade names and trademarks are important carriers of corporate goodwill, which are closely related to the development of the company. Its own identification function can not only promote enterprises to continuously improve the quality of goods and services, but more importantly, facilitate the public to make consumption choices, expand social visibility, and improve their own competitiveness. Especially those trademarks that represent 'high quality assurance' in Consumers will play a more important role when choosing goods and services. In the fierce market competition, some outstanding companies stand out from the competition, bring high-quality goods and services to consumers, and win the trust of consumers. Trusted and recognized, it has become a well-known trademark or a well-known trade name, and some other companies that compete or have no competitive relationship with it have seen the huge commercial interests contained in it, so they have made a big fuss when registering trademarks and company names. Register a well-known trademark as a business name or register a well-known trade name as a trademark to free ride, saving a lot of advertising and sales expenses, sharing the business reputation of the former trademark or trade name and its developed market share, thereby obtaining huge profits.4. Defects of the current legal system
Corporate name rights and trademark rights are very important rights and are closely related to the reputation of the enterprise. Although trademarks are marks for goods and services, and corporate names are signs of specificity of enterprises, in practice these two rights are both They overlap with each other and are mutually inclusive. Under our country's legal system, the protection of the two is separate from each other. Since there is no cross-search system, corporate names are not protected in the trademark field, but only well-known trademarks are protected in the corporate name field. Protection makes the conflict between trademark rights and corporate name rights inevitable.
The above is the relevant content summarized for you by the editor of Legal Savior Network on "What are the main conflicts between trademark rights and corporate name rights". When there is a conflict between trademark rights and corporate name rights, the People's Court can, based on the plaintiff's claims and According to the specific circumstances of the case, it is determined that the defendant shall bear civil liability such as stopping use and regulating use. If you have other questions, please feel free to consult our lawyers.
