1. What to do if a trade name conflicts with a registered trademark
1. Trade name Solutions to conflicts with registered trademarks:
(1) If both parties can reach negotiation on the conflict, the parties can negotiate on their own;
(2) If the parties are unwilling to negotiate or cannot reach a consensus, they may file a lawsuit in the People's Court or apply to the industrial and commercial administrative department for processing.
2. Legal basis: Article 60 of the "Trademark Law of the People's Republic of China", any infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law First, if a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle it. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
2. What should I do if I want to register a trademark?
If I want to register a trademark, I need to check whether the trademark name is the same as that of others. First, the trademarks must be the same or similar and must not infringe on the trademark rights of others; then you need to submit your personal identity certificate and trademark to the Trademark Office.Apply for trademark registration with the trademark registration application form, trademark drawings and other materials. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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