Can I have a trade name that can be registered as a company name?

Logically, the answer to this question is "yes".

Analysis: Trademarks and company names are two different things, the approval department is different, and the query system for whether the name is the same is also different, so it is okay.

If the trademark corresponds to the "name" and has already been used as a company name in a similar industry within the jurisdiction of the local industrial and commercial bureau, it cannot be registered. But yes, you can. It's just not for you, it's okay for the person who has already registered the company.

Since China implements a hierarchical registration system for enterprise names, the industrial and commercial departments at or above the county level have the power to approve and register enterprise names, but they have not established a nationwide networked search system, and are limited by the combination of Chinese characters, resulting in the registration of the same or similar enterprise names in different administrative divisions in practice, causing conflicts. In a lawsuit arising from a conflict in enterprise names, since the enterprise names of both parties have been legally registered and are legal, only on the basis of the principle of good faith, can we confirm whether it constitutes unfair competition by judging whether the parties subjectively have the intention of deliberately confusing or free-riding, and whether it is objectively possible to misunderstand the public, so as to determine whether the enterprise name right has been infringed. Where another person's registered enterprise name is used without authorization or there is other infringement of the exclusive right to use another person's enterprise name, the infringed party may request disposition from the competent registration authority for the infringer's location.

Legal Analysis: Yes, the law allows the name of the enterprise Fengcha to be registered as a trademark and use Yinji. According to the spirit of the Trademark Law, a business name can be registered as a trademark.

However, when the applicant uses the name of the enterprise as a trademark, the enterprise name must contain a distinctive part, and the name of the enterprise applied for as a trademark should be exactly the same as the name registered on the applicant's business license.

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

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods modified by others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, may be applied for registration as a trademark.

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others. The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Hello, the company name registration is managed by the Industrial and Commercial Bureau, the trademark registration is approved by the Trademark Office, and the trademark name registration as a company should be possible.

The key to trademark application is a comprehensive search and professional risk assessment. The official website of Zhengzhou Ruixin can also provide trademark search, you can search by yourself.

Trademark application process: Trademark registration is generally divided into two types: individual and corporate applications.

Documents required for individual application: (1) Copy of ID card (signature required); (2) A copy of the copy of the business license of the individual industrial and commercial household; (3) Application for trademark registration; (4) The entrusting ** institution needs to provide a power of attorney.

Documents required for company application: 1. A copy of the copy of the business license (with a seal) 2. Application for trademark registration; 3. The entrusting ** institution needs to provide a power of attorney. In general, the process takes about 14 months, of which the acceptance notice (about 1 month), the substantive examination (9 months), the announcement (3 months), and the issuance of the certificate (about 1 month).

Trademark naming, trademark design, trademark search, trademark application, trademark change, trademark transfer, trademark renewal, trademark opposition, trademark invalidation, trademark revocation, reexamination defense, infringement litigation, etc., you can also ask me about the Huai University

Legal Analysis: A company name can be trademarked. The right to the name of the company is called the right to the name of the company, and the right to the trademark is called the right to the trademark.

If someone obtains a trademark right, he cannot ask others to change the name of the enterprise, or even prevent others from registering a company with the same name; Similarly, a company does not have the right to prevent others from registering a trademark that is identical to its own business name.

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

Article 13 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it may apply for protection of a well-known trademark in accordance with the provisions of this Law. If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited. If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

Article 43 A trademark registrant may license others to use its registered trademark by signing a trademark license contract. Xu Tsao Ke Ke shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark. If the licensor licenses others to use its registered trademark, the licensor shall report the trademark license to the Trademark Office for the record, which shall make a public announcement. The trademark license shall not be used against a bona fide third party without filing.

If someone obtains trademark rights, they cannot ask others to change the name of the company, or even prevent others from registering a company with the same name; Similarly, a company does not have the right to prevent others from registering a trademark that is identical to its own business name. However, if the trademark is a well-known trademark, the registration of the same business name by others may be considered as a free ride, which constitutes unfair competition. Similarly, if the company's business name is so well-known that it is a well-known trademark, then the registration of the same trademark by someone else may be considered to infringe the prior right and will not be allowed.

Trademark Law of the People's Republic of China

Article 8 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 the combination of the above-mentioned elements, may be applied for registration as a trademark.

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.