What are the conflicts between trademarks and trade names and their solutions?

The essence of the conflict of intellectual property rights is that different subjects have formal legal rights to the same object, thus forming a conflict of interest. Therefore, it must be distinguished from ordinary infringement and breach of contract. What are the conflicts between trademarks and trade names and their solutions? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to what the editor of Legal Savior Network gives Specific comments.

What are the conflicts between trademarks and trade names and their solutions

From the current judicial practice, trademarks and trade names There are two main forms of conflict of rights: one is to register someone else's trademark as a font size in one's own business name, and simplify the use of the business name to sell the same products. The second is to register other people's trade names as your own trademarks and sell the same products or services. The following content will cover the resolution of these two conflicts. The cost of solving anything until it happens is always very high. It is best to prevent it from happening. How can we prevent conflicts between trademarks and business names? A more effective way is to unify the business name and trademark, register the business name as a trademark, or even Some people propose to register the company name as a trademark as a whole. Another problem is to grasp the naming of trademarks and trade names. They should be novel and creative, not clichéd, and avoid similarities to the greatest extent. Of course, these can only partially prevent role, malicious registration behaviors need to be resolutely cracked down on.

Article 57 of the Trademark Law: Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark similar to its registered trademark on the same product without the permission of the trademark registrant trademark, or using a trademark that is identical 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 forged or unauthorized registered trademarks;

(5) Without the consent of the trademark registrant, replace the registered trademark and rebrand the goods with the replaced trademark. Put into the market;

(6) Intentional infringement Providing facilities for other people’s exclusive use of trademark rights and helping others to infringe their exclusive use of trademark rights;

(7) Causing other damage to others’ exclusive rights to registered trademarks.

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