What conditions are required for prior trade name rights?

The requirements for prior Trade name rights are that others have previously registered or used the trademark before the disputed trademark was applied for registration; the trademark has a certain degree of popularity among the relevant public in China; the registration and use of the disputed trademark can easily lead to confusion among the relevant public, resulting in the prior The interests of the trade name owner may be harmed. Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. What conditions are required for prior trade name rights

1. If an earlier trade name right is used against a later trademark right and a later application for registration of a trademark is invalidated, the following conditions should be met:

(1) In the dispute Before applying for trademark registration, others have previously registered or used the trade name;

(2) The trade name has a certain degree of popularity among the relevant public in China;

(3) The registration and use of the disputed trademark can easily cause confusion among the relevant public, causing the interests of the prior trade name rights holder to be damaged.

2. "Trademark Law of the People's Republic of China"

Article 32 Application for Trademarks Registration must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence.

2. What is the difference between a trade name and a trademark?

1. Different functions and functions

First of all, trade names are used to distinguish different enterprises; Trademarks are used to distinguish different products. Generally speaking, a company or enterprise can only have one trade name. As for trademarks, trademarks can be registered according to different products. Under certain circumstances, trade names can sometimes be used as trademarks, but trademarks cannot be used to a certain extent. of.

2. Different forms of expression

According to the provisions of the "Enterprise Name Registration Management Regulations", Generally, a business name can only use more than two men.According to the provisions of my country's Trademark Law, trademarks can be combined with numbers, graphics, pinyin, colors and English letters. It can also be seen that there is a big difference in expression between the two.

3. The scope and effect of use are different

China’s regulations on trademark rights are trademarks Once registered, it is valid nationwide, and the useful life of trademark rights is also stipulated to be ten years, and can be renewed after expiration; while trade name rights have certain regional restrictions, and must first be approved by the national industrial and commercial administration It can be used within a certain area after approval by the General Administration, but there is no limit on the period of use of the business name, that is, as long as it is approved, it can be used for life.

The above knowledge is the editor’s answer to relevant legal issues. According to the relevant provisions of our country’s laws, the earlier trade name right is used to fight against the later trademark right, and the request is made. If a registered trademark is later applied for invalidation, the conditions to be met include that the trade name has a certain degree of popularity among the relevant public in China and is likely to cause confusion among the relevant public. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.