What protection does trademark law provide for prior name rights?

After a brand or part of a brand is registered by the relevant government departments in accordance with the law, it is called a "trademark". Trademarks are protected by law, and the registrant has exclusive rights. Well-known trademarks in the international market are often registered in many countries. There is a distinction between "registered trademarks" and "unregistered trademarks" in China. Registered trademarks are trademarks that are protected by law after being registered with relevant government departments. Unregistered trademarks are not protected by trademark laws. What protection does the Trademark Law provide for prior Name rights? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

What protection does trademark law provide for prior name rights

The right to name refers to the decision-making, The right to change and use their name. The name includes the formal name on the registration and household register and informal names such as stage names, pen names, and nicknames.

Citizens enjoy the right to name and have the right to decide and use it and the right to change one's name in accordance with regulations, prohibiting others from interfering, misappropriating, and counterfeiting. This determines the main contents of the right to name include:

(1) The right to decide on a name, also known as the right to name, refers to the right of a natural person to decide which caste, name and combination thereof to adopt; (2) Name change The right, also known as the right to change one's name, refers to the right enjoyed by a natural person to change one's surname or given name in accordance with the law; (3) The right to use one's name refers to the right of a natural person to use one's own name in accordance with the law. It includes two aspects: positive exercise and negative exercise. The former, for example, mark their own names on their belongings and works as a sign of rights holders; they use their names on specific occasions to distinguish themselves from other members of society. The latter does not sign his name on the work; he refuses to reveal his name after a specific act.

There are three main forms of infringement of name rights: (1) interference, that is, performing some positive behavior against other people's names to hinder the exercise of others' name rights; (2) misappropriation, both Without the permission or authorization of the right holder, use other people’s names to commit acts that are harmful to the right holder or society; (3) False use, which means pretending to be another person’s name to carry out activities.

Applying to register another person’s name as a trademark without the other person’s permission or authorization infringes upon the other person’s right to use the name. The above is the misappropriation of another person's name, and the "Trademark Law" prohibits this behavior.

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