What are the rights to ban corporate names of well-known trademarks
The party believes that others have used its well-known trademark If the registration of an enterprise name may deceive the public or cause misunderstanding to the public, you may apply to the enterprise name registration authority to cancel the enterprise name, and the enterprise registration authority shall handle it in accordance with the "Enterprise Name Registration Management Regulations".
The Company name of a well-known trademark is prohibited Inadequacy
(1) Administrative relief channels lack procedural Support
In accordance with the "Trademark Law" and other relevant laws and regulations It stipulates that the authorities for determining well-known trademarks include the Trademark Office, the Trademark Review and Adjudication Board, and the People's Court. The Administration for Industry and Commerce has no right to determine whether a trademark is well-known. Well-known trademarks are a means of legal protection. The effect of the determination made by the competent authority is only relative to the current case and will not have legal effect on any third event (as discussed above). If a party believes that others have registered its well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, it may apply to the business name registration authority to cancel the business name, and the business registration authority shall follow"Enterprise name registration management regulations" processing. "According to the "Enterprise Name Registration Management Regulations", the competent authorities for enterprise registration are the State Administration for Industry and Commerce and local industrial and commercial bureaus at all levels. When the owner of a well-known trademark requests to cancel the registration of another person's business name, the Industrial and Commercial Administration is in a dilemma. On the one hand, it faces the well-known trademark owner. Trademark protection must be based on recognition, and the Industry and Commerce Bureau has no right to determine whether a trademark is well-known. Before a trademark is recognized as well-known, it cannot revoke the name of another person's business; on the other hand, the law does not provide for reporting to the Trademark Office and the Trademark Review and Adjudication Board. The procedure for transferring cases makes it difficult to obtain administrative relief for the right to ban corporate names of well-known trademarks.
(2) Once this right is violated, judicial relief should also be obtained
The trademark owner believes that others are using its well-known trademark as a business If the name registration may deceive the public or cause misunderstanding to the public, you may apply to the competent authority for enterprise name registration to cancel the registration of the enterprise name. The competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration." This article only stipulates that To apply for revocation to the business name registration authority, the trademark owner can also directly seek judicial relief through litigation without going through administrative procedures. Trademark rights belong to the category of private rights, and any infringement of private rights can obtain judicial relief. The Implementing Regulations do not deny judicial relief.
Use words that are identical or similar to others’ registered trademarks as The registration and use of a trade name in a business name may cause confusion among consumers as to the source of the goods or services, or may cause consumers to mistakenly believe that there is an association between different operators, or may cause confusion about a well-known trademark. Article 10(8) of the Trademark Law If the adverse effects mentioned in item ) constitute unfair competition, the People's Court may decide to stop using the enterprise name. This means that when the act of registering a business name by an unfair competition actor is invalid, he should cancel or change the registered business name with the competent authority for business name registration. It also means that the people's court can directly impose a trademark and trademark violation without going through administrative procedures. To adjudicate business name conflict disputes, the trademark owner (including well-known trademark owners) to provide judicial relief⒀. The implementation of this provision proves the feasibility of judicial relief.
Based on the above analysis, the competent authority should issue corresponding supplements It stipulates that when others use a well-known trademark as a business name to register, the right holder may apply to initiate the well-known trademark recognition procedure, or the right holder may directly request the People's Court to determine whether the trademark is well-known and determine that the business name registration is invalid without going through administrative procedures.
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