As long as the store name is registered, it can be protected by law. Others cannot use the same name, or a name similar to the trademark, otherwise it will easily constitute infringement, and you will also be liable. If all financial compensation is required, what should I do if the store name is used by someone else? Please continue reading the following relevant knowledge carefully summarized for everyone. I hope it will be helpful to everyone.
1. What to do if the store name is used by others (1) First of all, it is recommended to carefully study the "Enterprise Name Registration Management Implementation Measures", "Enterprise Name Registration Management Regulations" and other laws and regulations issued by the State Administration for Industry and Commerce , master the methods of handling name infringement; (2) Verify your company name with the industrial and commercial administration authority to see whether it has been registered through formal procedures. Keep relevant procedural materials as evidence; (3) Apply to the industrial and commercial administration authorities to investigate whether the other party’s company name has been registered in a formal way; (4) If the other party has not registered in accordance with formal procedures, you can apply to the industrial and commercial administrative authorities If you apply for processing, you can also file a lawsuit with the People's Court and take reasonable and legal measures to protect your rights and interests; (5) If the other party misappropriates the name without permission, causing financial losses and reputational losses, you can file the above-mentioned lawsuit with the court and require the other party to compensate for the losses; (6) If the other party has also registered the company name through other industrial and commercial administrative agencies and in accordance with formal procedures. This situation is a dispute between company names and can be handled by the industrial and commercial administration authorities. After the industrial and commercial administration authorities accept the name dispute, the processing time limit is 6 months.
2. The composition of a trademark The letters that constitute a trademark refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters, foreign letters such as English letters, Latin letters, etc. The original Trademark Law classified trademarks consisting only of letters into the category of word trademarks. However, the newly revised Trademark Law in 2001 regarded letters as one of the constituent elements of a trademark. This provision is more realistic and convenient for trademark supervisors. The department reviews and approves trademark registration applications in accordance with the law. The numbers that are the constituent elements of a trademark, and the numbers that make up a trademark, can be either Arabic numerals or Chinese uppercase numerals. As a three-dimensional mark that constitutes a trademark, it can also be called a three-dimensional mark. It is a three-dimensional mark with three dimensions: length, width and height. A trademark mark composed of a three-dimensional mark is called a three-dimensional mark. It is different from the trademark pattern that we usually see on a flat surface, but appears in a three-dimensional material form. This form may appear on the appearance of the product. It can also be displayed on the container or other places of the product. The increase in the registration of three-dimensional trademarks has made China's trademark protection system more complete. Unique and novel color combinations can not only give people a sense of beauty, but also have distinctiveness, can play a role in indicating the source of products or services, and can also play a role in distinguishing producers, operators or service providers.
3. What are the compensation standards for trademark infringement? (1) Criteria for determining the amount of compensation 1. The amount of compensation for infringement of trademark exclusive rights shall be determined based on the actual losses suffered by the right holder due to the infringement; 2 . If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; 3. If the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to the multiple of the trademark license fee; 4. For malicious acts, If the exclusive right to use a trademark is infringed and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. (2) If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement.