The name on the business license is almost the same as the name of someone else’s registered trademark. Can you use it?

Even if a person has successfully obtained trademark rights, he still cannot force others to change their business name, let alone prevent others from registering a new company with the same business name. Vice versa, no company has the right to prevent others from registering a new trademark that is exactly the same as its own Company name. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. The name on the business license can be almost the same as the name of someone else’s registered trademark

According to legal provisions, the naming rights owned by an enterprise are called enterprise name rights, while the rights and interests brought by trademarks are summarized as trademark rights.

These two rights are usually independent of each other, coexist and are not mutually exclusive.

In other words, even if someone has obtained trademark rights, he cannot force others to change his business name, or even prevent others from registering a similar name. Company; Similarly, a company shall not interfere with others' registration of a trademark that is exactly the same as its business name.

"Trademark Law"Article 13

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use is prohibited.

A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the well-known If the interests of the trademark registrant may be harmed, the trademark shall not be registered and its use shall be prohibited.

Article 32

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

2. Will there be any fees if the trademark registration is unsuccessful?

According to the available information, the success or failure of a trademark registration application has nothing to do with the payment of fees. However, we further elaborate on this as follows:

First of all, regarding the official fee, you need to pay this fee when you apply for trademark registration directly to the local national intellectual property office.

Please note that even if the later trademark registration is not approved, the fees charged for this part often cannot be fully refunded;

Secondly, as for the agency service fee, if you choose to entrust a trademark agency structure to complete the registration matters on your behalf, whether the agency service fee can be refunded at this time depends on the internal policies of the agency. Some agencies Agencies may implement a refund mechanism, but this situation is not universal and is significantly different from the official way of handling expenses. The decision-making power of whether to refund or not is often in the hands of the agency.