What circumstances constitute infringement of trade name rights
1. If This trademark is a famous or well-known trademark, and your company’s trademark is identical or similar to it, which constitutes infringement
2. If this trademark is not a famous or well-known trademark, but If your company's trademark is identical or similar to it and the products are similar, it constitutes infringement.
3. The Company name has the same two characters as others. It depends on your company’s publicity. If it is used prominently in publicity, it may cause misunderstanding among consumers. , also constitutes infringement.
4. Even if your company's trademark is not infringed now, if someone registers it in the future, your company's trademark will also constitute infringement in the future.
How to count as infringement of trade name rights
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1. The distinctiveness and precedence of the company name (trade name)
All business names have a certain degree of distinctiveness, it’s just a question of the strength of the distinctiveness. The stronger the distinctiveness, the stronger the protection of the business name. For example, the "Xing*Ke" trademark and company name are made-up words that do not have any special meaning. They are only well-known to consumers after long-term use, so the "Xing*K" trademark and company name have gained a strong reputation. of significance. Therefore, when foreign companies use their corporate names, in addition to choosing a distinctive “Chinese name” when registering, they must also market the corporate name, thereby further strengthening the distinctiveness of the corporate name.
The priority factors of the company name should also be considered, including prior registration and prior use. Regulations of the State Administration for Industry and Commerce "Implementation Measures for Enterprise Name Registration Management"It stipulates that when an enterprise uses a name, it shall abide by the principle of good faith, and the enterprise name shall not contain the name of another enterprise.
2. The popularity of the company name
The anti-unfair competition protection of the company name and the enterprise The popularity of the name is directly related. Since enterprise names are subject to hierarchical registration management, the "Enterprise Name Registration Management Regulations" only require that the registered enterprise name shall not be the same or similar to the registered enterprise name in the same industry within the jurisdiction of the registration authority, and does not involve The name of the enterprise outside the jurisdiction. However, when the popularity of a certain enterprise name exceeds the jurisdiction of the registration authority, the anti-unfair competition protection for its name should extend beyond the jurisdiction of registration and provide protection within the area of its popularity to prevent unauthorized registration and use by others. Well-known corporate names and trade names cause market confusion and unfair competition that takes advantage of others' reputations. In other words, if the reputation exceeds the jurisdiction of the registration authority, it will be protected by the Anti-Unfair Competition Law within the area where it is well-known.
In a sense, for corporate names that constitute a conflict of rights and are well-known, the "Anti-Unfair Competition Law" protects the well-known companies Name, because a well-known company name reflects more business input and output of the right holder. Therefore, the more publicity a company puts into raising the profile of its name, the stronger its protection will be.
3. The degree to which the company names are the same or similar
The degree to which the company names are the same or similar , is a necessary condition that is sufficient to cause confusion and misunderstanding among the relevant public. In the dispute between the plaintiff **Well International Company and the defendant **Honeywell Radiator Co., Ltd. regarding infringement of corporate name rights, the defendant registered the corporate name "Honeywell" and used it on its product packaging. The "Honeywell" logo used is compared with the "Honeywell" logo for which the plaintiff has the right to the corporate name. The three characters "Huo, Ni and Er" are exactly the same, with only "Wei" and "Wei" different. However, the pronunciation of the two is the same, which is enough to confuse ordinary consumers into thinking that the products produced by the defendant are the plaintiff's company. Therefore, the court found that the defendant's behavior of registering the "Honeywell" corporate name and using it on its products constituted an infringement on the plaintiff** Unfair competition regarding Weir International’s corporate name rights.
When comparing enterprise names to determine whether they are the same or similar, the entirety and main salient parts of the enterprise name indicated by the enterprise name should be observed and compared. The so-called main part refers to the most eye-catching part of the company name that can easily attract the attention of the relevant public. In addition to considering pronunciation, meaning, glyphs, arrangement order, etc. when comparingIn addition, comparisons must be made in isolation at different times and in different places.
4. Is the company name sufficient to cause confusion and misunderstanding among the relevant public?
Is it sufficient? Causing confusion and misunderstanding is a necessary element for determining corporate name infringement, because it is enough to cause confusion and misunderstanding among the relevant public, which will cause substantial damage to the right holder's corporate name and make the relevant public confused when purchasing products. Confusing the origin of goods. In other words, when the company names are the same and the reputation is equivalent, the relevant public can completely distinguish the market entities, goods or services represented by the company name accused of infringement and the company name of the right holder, which is not enough to cause confusion and misunderstanding. , does not constitute unfair competition.
The above content is the editor's answer to the question "What situations constitute infringement of trade name rights". If readers need legal help, they are welcome to go to the Legal Savior Network. Legal advice.
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