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At present, it is likely to constitute infringement, and the actor uses a trademark identical or similar to its registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner's use of the registered trademark 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.
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Trademark Law of the People's Republic of China
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".
Anti-Unfair Competition Law
Article 6: Business operators must not carry out the following acts of confusion, leading people to mistakenly believe that they are the goods of others or that they have a specific connection with others:
1) Unauthorized use of marks that are identical or similar to the names, packaging, decorations, and so forth of others that have a certain degree of influence;
2) Unauthorized use of another person's influential enterprise name (including abbreviations, trade names, etc.), social organization names (including abbreviations, etc.), and names (including pen names, stage names, translated names, etc.);
3) Unauthorized use of the main body of a domain name, ** name, web page, etc., where others have a certain influence;
4) Other acts of confusion that are sufficient to lead people to mistakenly believe that they are the goods of others or that there is a specific connection with others.
Article 18: Where business operators violate the provisions of Article 6 of this Law by carrying out confusing acts, the supervision and inspection departments are to order them to stop the illegal acts and confiscate the illegal goods. where the illegal business turnover is more than 50,000 yuan, a fine of up to five times the illegal business turnover may be imposed concurrently; Where there is no illegal business turnover or the illegal business turnover is less than 50,000 RMB, a fine of up to 250,000 RMB may be imposed concurrently. where the circumstances are serious, the business license is revoked.
Where the name of an enterprise registered by a business operator violates the provisions of Article 6 of this Law, it shall promptly handle the registration of a name change; Before the name is changed, the original enterprise registration authority is to replace its name with a unified social credit**.
If the difference between the name of the store is enough to mislead consumers, it can be determined that it is an infringement of trademark rights, which is an act of unfair competition, and the infringed party can claim compensation from the infringer.
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It is not an infringement, but it may not give you approval, and the conclusion given is that it is afraid that the trademark will cause strangeness.
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Check the name first, it's best to pass, and it also depends on what category you are, in the classification.
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Yes, because the degree of similarity is very high, it is okay if the other party wants to sue you for infringement. Hope, thank you.
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Not only infringement, but also violation of administrative regulations.
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It's okay if no one sues you, but if someone sues you, it's infringing.
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Possible infringement, depending on the specific situation, comprehensive analysis.
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Definitely not, the trademark must be distinctive, Sichuan-style Malatang is not distinctive, anyone can use it.
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1. A registered trademark is a mark that distinguishes similar goods or services, and needs to be distinctive.
2. The words Sichuan-style Malatang are more common titles, which are not distinctive, and can be submitted for registration, but they are not very passable.
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The trademark is territorial, if there is no prior registration abroad, we can use Yang Guofu Malatang.
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Yes, your name Yangguofu Malatang belongs to the infringement of Yang Guofu Malatang, because these two words are homophonic, and Yang Guofu Malatang is registered in advance.
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You can check online through the China Commodity Network to see what can be classified and registered.
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