Legal analysis: After the company's name is approved, the company enjoys the name right. If someone else has the same name as its trademark, it will not constitute infringement. There are four constitutive elements of infringement. Any act that meets these four elements constitutes an infringement, and the perpetrator should bear legal responsibility for his or her actions.
Legal basis: Article 57 of the Trademark Law of the People's Republic of China. Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) Without the authorization of the trademark registrant (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using the same trademark as its registered trademark on similar goods. or similar trademarks that are likely to cause confusion; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; (5) Failure to do so; With the consent of the trademark registrant, the registered trademark is replaced and the goods with the changed trademark are put into the market; (6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to the exclusive right to use registered trademarks of others.
Article 61 of the "Trademark Law of the People's Republic of China" The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights to registered trademarks in accordance with the law; if a crime is suspected, it shall be transferred to the judicial authority in a timely manner Deal with it according to law.
Article 2 of the "Implementation Measures for Enterprise Name Registration Management" These Measures apply to the names of enterprise legal persons and enterprises without legal person qualifications registered by the industrial and commercial administrative authorities.
Article 3 of the "Trademark Law of the People's Republic of China" Enterprises should choose their own names in accordance with the law and apply for registration. An enterprise enjoys the right to its name from the date of its establishment.