Does the company have no trademark infringement with the same name?

When applying for registration, organizations often ask you to provide multiple candidate naming schemes as alternatives, in order to avoid conflicts with other registered names. But if someone else registers the name as a trademark, things become different. In this case, what you infringe is not the name right, but the Registered trademark right. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Does the company have no trademark infringement with the same name?

Duplicate names cannot be It is regarded as an infringement, but now there are many people with the same name. How to determine whether it constitutes infringement? If two users apply to register the same name at the same industrial and commercial administrative department, the industrial and commercial administrative department will not be able to approve it.

At this time, it is necessary to conduct a pre-examination process during the registration process, requiring the applicant to provide several alternative names to avoid names that have been registered with the same industrial and commercial administration department Repeat conflict.

However, if someone else has registered the name as a registered trademark, then the problem is slightly more complicated, because what you are infringing at this time is not just the name rights. It also includes infringement of the registered trademark rights.

"Implementation Measures for Enterprise Name Registration Management"Article 2These Measures shall apply to the names of enterprise legal persons registered with the industrial and commercial administration authorities and enterprises without legal person qualifications.

Article 3Enterprises shall choose their own names in accordance with the law and apply for registration. An enterprise enjoys the right to its name from the date of its establishment.

Article 57 of the Trademark Law of the People's Republic of China

Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(1) Without trademark registrationUsing the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Using the same trademark on the same kind of goods without the permission of the trademark registrant Using a trademark that is similar to its registered trademark on goods, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Intentionally providing facilities for infringement of others' trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;

(7) Causing other damage to the exclusive right to use registered trademarks of others.

2. Can the company still use its trademark after it has canceled it?

When a company cancels its trademark, the trademark is usually still valid.

If the trademark was applied for establishment by the company as the registration subject at that time, and the trademark cancellation process did not involve a substantial transfer of the trademark, then the trademark would be The trademark will face the risk of revocation.

According to relevant laws and regulations, in the process of using the registered trademark owned by the registered trademark holder, once it violates the laws and regulations and changes the original trademark without authorization, The authorizing authority has the right to impose mandatory rectification orders on the name of the registrant, and if it fails to receive effective responses and corrective measures from the trademark holder within the specified period, the authoritative department involved in the cancellation procedure has the power to revoke the corresponding order. trademark.