How to determine whether a registered trademark infringes on the right of a prior enterprise name or

Generally speaking, if the following conditions are met, it constitutes an infringement of the prior enterprise name and trade name rights of others: (1) the registration date and use date of the enterprise name are earlier than the application date of the registered trademark. In practice, the industrial and commercial registration data of the enterprise is usually used to prove it.

2) The enterprise name has a certain degree of popularity among the relevant public. In practice, corporate promotional materials, time of use, business performance and scale are usually used to prove the popularity of the enterprise. (3) The registration and use of the trademark may cause confusion among the relevant public and may damage the interests of the prior enterprise name holder.

The so-called "causing confusion" means that the registration and use of the trademark will cause the relevant public to mistakenly believe that the goods using the trademark come from the enterprise name owner or have some specific connection with the enterprise name owner. Whether there is confusion should be determined by considering the originality of the enterprise name and the popularity of the enterprise. The higher the originality of the business name and the greater the popularity of the business, the higher the likelihood of confusion among the relevant public.

4) In principle, the goods using the trademark should be the same or similar to the goods provided by the enterprise name owner.

It should be noted that the "enterprise name" mentioned here specifically includes: the name of the enterprise registered with the competent authority for industry and commerce and other enterprises in accordance with the law; The name of the foreign enterprise that is used for commercial purposes in China in accordance with the law, and the trade name in the name of the enterprise that has a certain market reputation and is known to the relevant public.

The registered trademark is confusing, or there are obvious traces of infringement.

Trademark infringement refers to the use of a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the use of the registered trademark by the trademark owner and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the infringer who knows or should know that it is the infringer is also liable for compensation.

where the circumstances are serious, criminal responsibility must also be borne.

Article 67 of the Trademark Law of the People's Republic of China If, without the permission of the trademark registrant, the use of a trademark identical to the registered trademark on the same kind of Jianshukai goods constitutes a crime, in addition to compensating the infringed party for its losses, criminal liability shall be investigated in accordance with law. Where the forgery or unauthorized manufacture of another person's registered trademark logo or the sale of a forged or unauthorized registered trademark logo constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the infringed party's losses. If the sale of goods that are known to be counterfeit registered trademarks constitutes a crime, in addition to compensating the losses of the infringed party, Biqiao shall be investigated for criminal liability in accordance with the law.

In fact, the main consideration is whether the location of the company is the same as the land leased by the trademark is the same. Whether the trademark is a well-known trademark in the industry. Since the registration of the name and trade name of the enterprise is earlier than the recognition of a well-known trademark by others, then we believe that it is not infringing, but it is best not to highlight the trade name on the products you produce, otherwise it will be infringement.

The reasonable use of the enterprise name is non-infringing.

The use of another person's registered trademark as an enterprise name constitutes infringement. Registered trademark refers to the trademark approved and registered by the relevant departments, the trademark applicant obtains the exclusive right to use the trademark, and the registered trademark enjoys the exclusive right to use a certain brand name and brand logo, which is protected by law and shall not be imitated by any other enterprise. Protected by law, the trademark registrant enjoys the exclusive right to use the trademark.

1. What does the announcement of the preliminary examination of the trademark mean?

The announcement of the preliminary examination of a trademark is an announcement made when the trademark registration is preliminarily approved after the substantive examination by the Trademark Office.

Trademark is a legal term.

A trademark is a sign used to identify and distinguish goods or services. Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, can be registered as a trademark.

A brand or a part of a brand is called a "trademark" after it has been registered by the relevant authorities in accordance with the law. Trademarks are protected by law, and the registrant has the exclusive right. Famous trademarks in the international market, often registered in many countries.

There is a distinction between "registered trademarks" and "unregistered trademarks" in China. A registered trademark is a trademark that is protected by law after being registered by the relevant authorities, and an unregistered trademark is not protected by the trademark law.

2. What are the characteristics of a registered trademark?

A registered trademark should have the following characteristics:

1. The trademark is a distinctive sign.

2. The trademark is exclusive.

3. Trademarks have value.

4. Trademarks are competitive and a tool to participate in market competition.

Registered trademark refers to the trademark approved and registered by the relevant departments, the trademark applicant obtains the exclusive right to use the trademark, and the registered trademark enjoys the exclusive right to use a certain brand name and brand logo, which is protected by law and shall not be imitated by any other enterprise.

3. What is the use of the trademark registration certificate?

The Trademark Registration Certificate is a legal document issued by the State Trademark Office to the trademark registrant in accordance with the relevant provisions of the Trademark Law to prove the scope of the exclusive right to use the trademark. The main contents recorded in the Trademark Registration Certificate are: trademark (drawing), trademark registration number, name and address of the trademark registrant, goods or services approved for use of the registered trademark and their categories, and the start and end date (validity period) of the exclusive right to use the trademark.

The main functions of the trademark registration certificate:

In order to distinguish the products of the company in the same industry, the trademark registration obtains the exclusive right to use the trademark, and the registered trademark in the same industry is protected by law. At the same time, as an intangible asset of the enterprise, the registered trademark will continue to increase in value with the creation and promotion of the corporate brand and the improvement of the popularity of the enterprise's products. Especially for brands that want to become bigger in the future, they must first register their trademarks to ensure their rapid development in the future.

Moreover, a registered trademark can also be regarded as a good investment, if the enterprise changes careers, the previous trademark does not want to be used, it can also be transferred, and it can also create income. Moreover, the registered trademark can be pledged according to its value, such as digging and lending, etc., to help enterprises with capital turnover.

Legal Analysis: Composition. If a word that is identical or similar to another person's registered trademark is prominently used as the trade name of an enterprise on the same or similar goods, which is likely to mislead the relevant public, it is an act of infringing the exclusive right to use another person's registered trademark.

Legal basis: Trademark Law of the People's Republic of China

Article 48 The use of a trademark as used in this Law refers to the use of a trademark on commodities, commodity packaging or containers, and commodity transaction documents, or the use of a trademark in advertising, exhibitions, and other commercial activities to identify goods.

Seven sedan chair key) causes other damage to the exclusive right to use a registered trademark to others.

Article 58: Where the use of another person's registered trademark or unregistered well-known trademark as a trade name in an enterprise name misleads the public and constitutes an act of unfair competition, it shall be handled in accordance with the "Anti-Unfair Competition Law of the People's Republic of China".

Constitute. If a word identical or similar to the registered trademark of another person is prominently used as the trade name of the enterprise on the same or similar goods, which is likely to mislead the relevant public, it is an act of infringing the exclusive right to use the registered trademark of another person. Legal basis:

Trademark Law of the People's Republic of China Article 48 The use of trademarks as used in this Law refers to the use of the trademark of Liquid Hall Hu on commodities, commodity packaging or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions and other commercial activities to identify goods. Article 57 Any person who commits any of the following acts shall be deemed to have infringed upon the exclusive right to use a registered trademark: (7) causing other damage to the exclusive right to use a registered trademark to another person.

Article 58: Where the use of another person's registered trademark or well-known trademark that has not been registered as a trade name in an enterprise name, misleading the public and constituting an act of unfair competition, it shall be handled in accordance with the "Anti-Unfair Competition Law of the People's Republic of China".