Trademark infringement generally does not require changing the company name. Because trademarks and business names belong to different industry categories, they are regulated by different laws. However, if the trademark is registered or the trademark is a well-known trademark, the enterprise uses the corresponding name out of bad faith, which is enough to cause confusion among consumers.

Legal Basis

Article 56 of the Trademark Law of the People’s Republic of China, the exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use. . Article 32 Applications for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that is already used by others and has a certain influence. Article 35 If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and after investigation and verification, make a decision within twelve months from the expiration of the announcement period. The decision to approve registration shall be made and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.