What to do if a trade name conflicts with a trademark

In practice, we all know that more and more people will apply for trademarks now, because trademarks are also a kind of brand certification. But we often encounter conflicts between Trade names and trademarks, so what should we do if there is a conflict between trade names and trademarks? The editor of Legal Savior Network has summarized the relevant knowledge on this issue, let’s take a look.

What to do if the trade name conflicts with the trademark

Need to analyze the situation:

1. Resolution mechanism for cases where someone else’s trademark is registered as a trade name

If the prior trademark owner sues for trademark infringement, the main applicable legal basis is " Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Civil Trademark Dispute Cases stipulates: Prominently using words that are identical or similar to others' registered trademarks as the company's trade name on the same or similar goods may easily mislead the relevant public. If recognized, it is an act that causes other damage to the exclusive right to use a registered trademark of others as stipulated in the Trademark Law.

It can be seen that if a later registered trade name constitutes There are three elements for trademark infringement:

(1) Use of trademarks that are identical or similar to others as its corporate trade name;

(2) Prominently use the trade name on the same or similar goods with which the trademark is approved;

(3) Causes misunderstanding and confusion among the relevant public.

2. How to resolve cases involving registering other people’s trade names as trademarks

The owner of the prior trade name can file a trademark opposition procedure during the preliminary trademark announcement period, effectively preventing trademark registration.

Article 32 of the Trademark Law: Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to Unfair means to preemptively register a trademark that has been used by others and has a certain influence. The "Trademark Examination and Trial Standards" stipulates that it is easy to apply for registration as a trademark with the same or basically the same words as a trade name that has been registered and used by others and has a certain degree of popularity. If it causes confusion among the relevant public in China and may damage the interests of prior trade name rights, it shall be deemed as an infringement of other people's prior trade name rights.

It can be seen that the key to preventing the confirmation of trademark rights is to see whether the prior trade name has a certain degree of popularity among the relevant public and whether it will cause confusion and misunderstanding. .

The owner of the prior trade name can also invalidate the trademark Procedure to cancel the later trademark, or sue the owner of the later trademark, which constitutes unfair competition. If the trademark invalidation procedure is initiated, it is similar to the trademark opposition procedure and the application of law. If anti-unfair competition litigation is initiated, the holder of the earlier trade name right is required to have a relatively high reputation, and the business engaged in by the earlier trade name right is in competition with the goods or services approved for use by the later trademark. In addition, the later trademark right holder is also required to There is malicious intention to cling to the prior trade name for the purpose of confusion.

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