What are the manifestations and causes of conflicts between trademarks and trade names
(1) Trademark and trade name rights Manifestations of conflict
The so-called conflict of rights refers to the same A legal modality in which two or more rights derived from an object in accordance with the law are contradictory or inconsistent with each other. As for trademark rights and trade name rights, the so-called conflict of rights refers to the conflict of rights between trademark rights and trade name rights obtained by different civil subjects based on the same object and in accordance with legal procedures. In practice, the conflict of rights between trademarks and trade names mainly manifests itself in the following two forms:
1. Use words that are the same or similar to others’ registered trademarks as part of the company name (i.e. trade name)
2. Register words that are identical or similar to a part of someone else's previously registered business name (i.e. trade name) as a trademark.
(2) Conflict between trademark and trade name rights Reason
The main reasons for conflicts of rights between trademarks and trade names are as follows:
1. The trademark and trade name are similar in composition (Chinese characters can be used in both), and they have The same functions (both are carriers of goodwill).A trademark is a sign used by producers and operators on their goods or services to distinguish the source of the goods or services. In short, a trademark is a sign of goods or services, and its basic function is to distinguish different goods or services. According to Article 8 of China’s Trademark Law, “any visible mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations” , and the combination of the above elements can be applied for registration as a trademark..." It can be seen that the elements of a trademark are quite extensive, and among these elements, words have clear meaning, good visual effects, and are easy to recognize and remember. and other advantages, and has become one of the more commonly used components in trademarks.
It is this similarity in composition and the same function that provides the possibility for rights conflicts to occur.
2. The approval agencies and procedures for trademark and trade name rights are different, which is also the fundamental reason for rights conflicts. It is manifested as:
(1) The authorities that approve rights are different
Trademark rights, commonly referred to as trademark exclusive rights, are the exclusive rights of trademark owners to use their trademarks. This exclusive right The right to use is an exclusive and exclusive right, and others may not use it without the permission of the trademark owner. This means that the trademark right is an absolute right, not the right to use a trademark in the general sense. Any organization or individual needs to obtain the exclusive right to use a trademark , all should apply for trademark registration to the Trademark Office of the State Administration for Industry and Commerce. The Trademark Office of the State Administration for Industry and Commerce is also the only agency responsible for trademark registration approval in China.
As for trade name rights, although there are no clear provisions in our country's current laws, there are provisions for corporate name rights. Corporate name rights are It refers to the exclusive right enjoyed by an enterprise in accordance with the law for the business distinguishing marks it uses or registers. Since the trade name is part of the enterprise name, the trade name right is subordinate to the name right, and the legal provisions on the name right also apply to the trade name right. At present, our country has The enterprise name right is subject to a hierarchical approval system, that is, the enterprise name is approved by the industrial and commercial administration bureaus at all levels according to the name of the administrative division used in the name. The name of the administrative division used in the enterprise name will be managed by the industrial and commercial administration at that level. National enterprises shall be approved and registered by the State Administration for Industry and Commerce, and other enterprises shall be approved and registered by the provincial, municipal, and county industrial and commercial bureaus where they are located. Enterprise names that use the names of municipal districts and municipal administrative divisions shall be approved by the Municipal Administration for Industry and Commerce. Provincial Enterprise names used in combination with administrative divisions of cities, counties, and cities shall be approved by the Industrial and Commercial Administration Bureau of the highest-level administrative district. The right to the enterprise name is obtained after approval and registration.
It can be seen from this that although the approval of trademark rights and trade name rights is exercised by the industrial and commercial administrative agencies, the approval of trademark rights It is exercised by the Trademark Office of the State Administration for Industry and Commerce, while the approval power of trade names is exercised by the industrial and commercial administration bureaus at all levels across the country. Since the approval agencies for trademark rights and trade name rights are different, and the resources of the two parties cannot be shared at present, it is not possible for them to have The coexistence of trademarks and trade names with the same words provides the possibility.
(2) The procedures for rights approval are different
In my country, trademarks are registered centrally, and are uniformly accepted and reviewed by the Trademark Office. Registration is valid nationwide.
Trademark registration generally requires the following procedures: Trademark application A person submits an application, and the Trademark Office will conduct a preliminary review after receiving the application to determine whether it is identical or similar to a registered trademark in the same industry across the country. After preliminary approval, an announcement will be made. During the announcement period, any unit or individual may raise objections. If no objection is raised by the announcement period or the objection cannot be established, the registration will be approved, a trademark registration certificate will be issued, and the trademark will be announced. It can be seen that obtaining exclusive rights for a trademark requires a strict review process to ensure that the trademark has exclusive rights for similar goods or services. It is this strict procedure that has greatly reduced the number of registrations for similar goods or services nationwide. The probability of occurrence of the same or similar trademark.
The above is the relevant content summarized by the editor. If If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The lawyer’s professional knowledge can help you.
No comments yet. Say something...