Many enterprises will register their trademarks, and the trademark name is very important. When registering a company, it is necessary to strictly follow the relevant registration process. For the company name, it is necessary to check it before registration. Then, can a trademark registration company? Let's take a closer look at it with intellectual property rights.

1. Can a trademark registration company?

if it's a trademark of your own home, and after the name search, you can really register a company in this area, then it's definitely no problem.

if you want to register your own company with someone else's trademark name, even if you can register after checking the name, there are risks in the follow-up.

1. Reasons for the conflict between registered trademarks and enterprise names

Because the management system of trademark registration and enterprise name registration in China is managed and protected by different departments, among them, the right to exclusive use of registered trademarks is confirmed by the State Trademark Office, while the registration of enterprise name rights adopts a hierarchical management system, and industrial and commercial bureaus at all levels can handle enterprise name registration business. This registration system, which is searched in different systems and different regions, objectively easily leads to the conflict between the two rights.

2. Principles for handling conflicts between registered trademarks and enterprise names.

Opinions of the State Administration for Industry and Commerce on Solving Several Problems in Trademarks and Enterprise Names:

Article 4 Where the words in a trademark are the same as or similar to the font size in the enterprise name, which confuses others with the market subject and the source of its goods or services (including the possibility of confusion, the same below), and thus constitutes unfair competition, it shall be stopped according to law.

article 6 the principles of maintaining fair competition and protecting the interests of the prior legal obligee shall be applied in dealing with the confusion between trademarks and enterprise names.

In the fierce market competition, some enterprises do not use their brains in normal operation, but try their best to get a lift from others. Seeing that a product has a high market share and dare not blatantly produce infringing products of the same brand, they register other people's trademarks as company names, and then publicize the trademarks that are the same as other people's brands on the outer packaging under the guise of company names, so as to achieve the purpose of confusing the eyes, but it turns out that this road is not feasible.

Can a trademark name be registered as a company?

III. Enterprise trademark registration process and expenses

The enterprise trademark registration process is divided into the following steps:

1. Trademark submission

An enterprise submits an application for trademark registration to the Trademark Office.

2. Formal examination

The Trademark Office conducts formal examination on the registered trademarks submitted by enterprises to see whether they meet the requirements, and issues an acceptance notice if they meet the requirements; otherwise, the Trademark Office will not accept them.

3. substantive examination

after the formal examination of the registered trademark of an enterprise has passed, the Trademark Office will then conduct a substantive examination of the trademark. If the substantive examination meets the requirements, the Trademark Office will issue a preliminary examination and approval announcement. If the substantive examination does not meet the requirements, the Trademark Office will reject the trademark.

4. Trademark announcement

A registered trademark of an enterprise will enter a three-month announcement period after it has passed the substantive examination. During the announcement period, if no enterprise or individual objects to the registered trademark of the enterprise, the trademark will enter the registration announcement. If any enterprise or individual objects to the registered trademark of the enterprise, the enterprise trademark will enter the trademark objection period.

5. issue a trademark registration certificate

the trademark office will issue a trademark registration certificate for an enterprise that has entered the registration announcement, which means that the enterprise trademark registration has been successful. If the enterprise trademark registration is handled by itself, the enterprise trademark registration fee is 3 yuan (one category, and 1 goods/services of this category are limited, and 3 yuan RMB will be added for more than one). At the same time, when the enterprise handles the application in the trademark registration hall, the enterprise trademark registration fee shall be paid at the same time as the application for registration is submitted. When obtaining the trademark registration certificate, the enterprise does not need to pay other trademark registration fees.

The above is about whether a trademark registration company is allowed. According to the relevant regulations, a trademark registration company is allowed, but it is not allowed to register with someone else's trademark name. If you have any questions about trademark registration, you are advised to consult the intellectual property customer service staff, and we will serve you wholeheartedly.