About trademarks and What are the answers to several questions in the trial of corporate name conflict disputes
Notice of the Beijing Higher People's Court on the issuance of "Answers to Several Issues in the Trial of Cases Concerning Conflict Disputes Between Trademarks and Use of Enterprise Names"
(Jinggao Fafa [2002] No. 357, December 24, 2002)
Municipal First and Second Intermediate People’s Court; Haidian District and Chaoyang District People’s Court:
The 27th Judicial Committee of the Beijing Higher People’s Court The meeting (the 90th meeting in total) discussed and approved the "Answers to Several Issues in the Trial of Cases Concerning Conflict Disputes Between Trademarks and Use of Enterprise Names" on December 23, 2002. This regulation is now issued to you and is expected to be followed and implemented. If there are any problems during implementation, please report them to the Third Civil Division of our hospital in a timely manner.
Hereby notified.
Attachment:
About Answers to several questions in the trial of conflict disputes between trademarks and use of corporate names
According to the relevant laws and the spirit of the judicial interpretation of the Supreme People's Court, combined with the trial practice of this city, our court has formulated the following answers based on investigation and research:
1. What is the specific meaning of cases involving conflict disputes between trademarks and the use of corporate names?
The conflict between a trademark and the use of a company name as mentioned in this "Answer" refers to: the conflict with the name of another person Words that are identical or similar to a registered trademark are registered and used as a trade name in a business name, resulting in a conflict between the trademark and the trade name. If a party files a lawsuit in the People's Court due to a conflict between a registered trademark and the use of a business name, it shall be found to be in compliance with the Civil Procedure Law upon review Article 108, the people's court shall accept the case.
2. How to understand that company names should be used in accordance with the law?
CorporateThe name is a symbol that distinguishes different market entities. It consists of four parts: the administrative division of the company's location, the brand name, the industry or operating characteristics, and the organizational form. Among them, font size is the main symbol that distinguishes different companies. Enterprises shall use the enterprise name in accordance with the law in their external business activities. The enterprise name used in the enterprise's seal, bank account, letterhead, products or packaging, etc., shall be the same as the enterprise name on the business license. The name plaques of enterprises engaged in commerce, public catering, services and other industries can be appropriately simplified, but they must not be confused with the registered trademarks of other enterprises.
3. Hearing disputes over conflicts between trademarks and use of corporate names How should the law be applied to the case?
Trademarks and companies using them From the perspective of the nature of the infringer's behavior, name conflict disputes mainly involve infringement of other people's goodwill in a legal manner, which is manifested in confusing consumers about the source of goods or services and the related relationships between different operators. Therefore, it is generally an unfair competition dispute and should be adjusted according to the General Principles of Civil Law and the Anti-Unfair Competition Law; using words that are the same or similar to others’ registered trademarks as the company’s trade name alone or prominently on the same or similar goods, Behavior that is likely to cause misunderstanding among the relevant public is an infringement of the exclusive rights of others to register trademarks and should be adjusted according to the Trademark Law.
4. Hearing disputes over conflicts between trademarks and use of corporate names In this case, how to order the infringer to bear legal liability?
When hearing cases involving conflicts between trademarks and the use of corporate names, the principles of good faith and protection of prior legitimate rights and interests should be followed. The infringer's behavior causes consumers to misunderstand and confuse the source of the goods or services, or causes consumers to mistakenly believe that there is a related relationship between different operators, or causes well-known trademarks. Article 10(8) of the Trademark Law If the adverse effects mentioned in the item above constitute unfair competition, the people's court may order the company to stop using its name or impose restrictions on the manner and scope of use of the company's name.Out of restrictions. If damage is caused to the right holder due to subjective fault, compensation for the loss should also be ordered.
5. Assignee of the exclusive right to register a trademark Can I claim rights for infringements committed before the assignment?
A trademark is a sign that distinguishes the source of different goods or services. The transferee of the exclusive right of a registered trademark shall enjoy the exclusive right of the trademark and the right to prohibit others from using the trademark in the same or similar goods or services from the date of announcement of the trademark transfer, and cannot claim rights for infringements that occurred before the transfer. Exceptions are made if there is a special agreement or if the infringement continues on the date of the trademark transfer announcement.
6. Hearing disputes over conflicts between trademarks and use of corporate names case, does the trademark owner have to assert his rights within a certain period of time?
If the trademark conflicts with the name of the enterprise, and the trademark owner does not make a request within five years from the date of registration of the enterprise name, protection will not be granted. Those who maliciously register other people's well-known trademarks as business names are not subject to the five-year restriction.
7. Can the owner of the exclusive right to the company name give permission? Others use their own business name?
The business name is Marks used to distinguish different enterprises or social organizations have exclusive attributes, and their protection scope is limited by industry and administrative divisions. They can only be used exclusively by the registered enterprise, so the owner of the exclusive right to the enterprise name cannot allow others to use his or her enterprise name. In the trial of a case involving a conflict between a trademark and the use of a business name,The defendant's defense that he used the company name with the authorization of others will not be supported.
8. How to determine the font size of trademarks and company names Is the conflict of use enough to cause confusion among consumers?
Determine whether the conflict in the use of the trademark and the font size in the company name can cause confusion among consumers (including the possibility of confusion), that is, the commercial source of the goods or services provided by different operators and the relationship between different operators The misunderstanding and confusion of the relationship should be based on the relevant facts when the infringement occurred, and should also consider but not limited to the following factors: ① The channels and methods of selling goods or providing services; ② The degree of similarity of the goods or services operated by both parties And the degree of attention of consumers when purchasing; ③ Whether there is evidence to prove that actual confusion has been caused; ④ Whether the defendant has the intention to exploit or damage the goodwill of others, etc., and make a comprehensive judgment.
9. Hearing disputes over conflicts between trademarks and use of corporate names case, how to determine whether the text is similar?
How to determine whether a trademark is similar to Whether the font sizes in the company name are similar should mainly consider the visual effect of the public, and make a judgment based on the font shape, pronunciation, and meaning. As long as one of the glyphs and pronunciations is basically the same and is enough to cause confusion among consumers as to the source of the goods or services and the relationship between different operators, it should be deemed to be similar. At the same time, the quality of the registered trademark requested for protection should also be considered. Salience and visibility.
10. Hearing disputes over conflicts between trademarks and use of corporate names Under what circumstances should the trial of a case be suspended?
In the trial of a case involving a conflict between a trademark and the use of a company name, if the defendant requests the Trademark Office or the Trademark Review and Adjudication Board to revoke the exclusive right to use a registered trademark, the People's Court will generally not suspend the litigation, but the administrative Exceptions are made where the competent authority is handling a use conflict dispute or the people's court deems it necessary to suspend the proceedings after review.
11. Can the owner of a well-known trademark recognized by the administrative authority claim rights against the previous use of the well-known trademark by others in different or dissimilar goods or services?
A well-known trademark recognized by the administrative authority, since The scope of protection extends to goods or services that are not the same or similar from the date when it is recognized as well-known, but its effect cannot be retroactive to the past. The right holder is not responsible for the previous use of the well-known name by others in different or similar goods or services. If a trademark act asserts rights and the other party does not object, the People's Court may no longer review whether it constitutes a well-known trademark.
12. A case involving a conflict between a trademark and the use of a company name is under trial. How should the company name be legally registered before the registered trademark?
When hearing disputes over conflicts between trademarks and the use of enterprise names, the previously legally registered and used enterprise names shall be protected in accordance with the law. The user enjoys the legitimate rights and interests of continuing to use, that is, if the font size in the enterprise name that has been legally registered and used before the date of application for registered trademark is the same as or similar to the trademark of others, the user of the enterprise name has the right to continue to use the enterprise name.If you have other legal questions, please feel free to consult the Legal Savior Network Lawyer.
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