What does infringement of trade name rights mean?

In reality, we should have all heard of infringement of trademark rights! But basically no one has heard of infringement of trade name rights, so we have even less understanding of what infringement of trade name rights means. So what is infringement of trade name rights? What's the meaning? The editor of Legal Savior Network has summarized the relevant knowledge on this issue, let’s take a look.

What does infringement of trade name rights mean

Understanding the key to infringement of trade name rights Understand from the following points:

1. The distinctiveness and prioritization of the Company name (trade name)

All business names have a certain degree of distinctiveness, it’s just a question of the strength of the distinctiveness. The stronger the distinctiveness, the stronger the protection of the business name.

The priority factors of the company name should also be considered, including prior registration and prior use. The "Implementation Measures for the Registration and Management of Enterprise Names" of the State Administration for Industry and Commerce stipulates that when an enterprise uses a name, it shall abide by the principle of good faith and the enterprise name shall not contain the name of another enterprise.

2. The popularity of the company name

The popularity of the company name The protection of fair competition is directly related to the popularity of enterprise names. Since enterprise names are subject to hierarchical registration management, the "Enterprise Name Registration Management Regulations" only require that the registered enterprise name within the jurisdiction of the registration authority shall not be the same as the registered enterprise name in the same industry. Approximately, it does not involve the names of companies outside the jurisdiction. However, when the popularity of a certain enterprise name exceeds the jurisdiction of the registration authority, the anti-unfair competition protection for its name should extend beyond the jurisdiction of registration and provide protection within the area of ​​its popularity to prevent unauthorized registration and use by others. Well-known corporate names and trade names cause market confusion and unfair competition that takes advantage of others' reputations. In other words, if the reputation exceeds the jurisdiction of the registration authority, it will be protected by the Anti-Unfair Competition Law within the area where it is well-known.

In a sense, for business names that constitute a conflict of rights and are well-known, the "Anti-Unfair Competition Law" protects the well-known business names , because a well-known company name reflects more business input and output of the right holder. Therefore, the more publicity efforts a company makes to increase the visibility of its corporate name, the more protection it will gain.The stronger the degree.

3. The company names are the same or similar Degree

When comparing the judgment that the company names are the same or similar, the whole and main significant parts of the company name indicated by the company name should be observed and compared. right. The so-called main part refers to the most eye-catching part of the company name that can easily attract the attention of the relevant public. In addition to considering pronunciation, meaning, glyphs, arrangement order, etc., the comparison also needs to be done in isolation at different times and places.

4. Whether the company name is enough to cause confusion and misunderstanding among the relevant public

Whether it is sufficient to cause confusion and misunderstanding is a necessary condition for determining the infringement of a business name, because it is sufficient to cause confusion and misunderstanding among the relevant public, which will cause substantial damage to the right holder's business name and make the relevant public confused when purchasing the product. Produce vague understanding and thereby confuse the source of the goods. In other words, when the company names are the same and the reputation is equivalent, the relevant public can completely distinguish the market entities, goods or services represented by the company name accused of infringement and the company name of the right holder, which is not enough to cause confusion and misunderstanding. , does not constitute unfair competition.

There is a difference between trade name rights and trademark rights, but infringements often occur. Infringements of trademark rights are easy to identify, but infringements of trade name rights often occur. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.