In fact, in principle, enterprise names and trademarks should be registered together. If it is really difficult at present, it doesn't matter if it is delayed. However, with the crazy growth of 70%-80% of Chinese trademarks every year, it is more and more difficult to register good trademarks, especially short and easy-to-remember trademarks with two or three words.
In fact, trademark protection and business license go hand in hand.
After the trademark registration, the enterprise name that has been used by other enterprises in the same industry and is the same as the service trademark can still be used. At the same time, after the service trademark is registered and approved by the industrial and commercial department as the font size in the enterprise name, the enterprise can also use the same characters. Trademark exclusive right and enterprise name are two different rights, which are regulated by different laws and regulations.
1. The exclusive right to use a trademark and the right to name an enterprise are rights confirmed by legal procedures, which are protected by trademark laws and regulations and enterprise name registration management laws and regulations respectively.
Second, the acquisition of the exclusive right to use a trademark and the right to name an enterprise should follow the principle of good faith in the General Principles of the Civil Law and the Anti-Unfair Competition Law, and the reputation of another person's trademark or enterprise name should not be used for unfair competition.
3. Trademarks are symbols that distinguish goods or services from different sources, and are composed of words, graphics or their combinations; The name of an enterprise is a symbol to distinguish different market entities, which consists of administrative divisions, font size, industry or business characteristics, organizational forms, etc., among which font size is the main symbol to distinguish different enterprises.
Four, the words in the trademark are the same as or similar to the name of the enterprise, which causes others to confuse the market subject and the source of its goods or services (including the possibility of confusion, the same below), which constitutes unfair competition and should be stopped according to law.
Fifth, to deal with the confusion between trademarks and enterprise names, the principles of maintaining fair competition and protecting the interests of prior legal obligees should be applied.
6. If the trademark registrant or the owner of the enterprise name thinks that his rights and interests have been damaged, he may file a written complaint with the State Administration for Industry and Commerce or the provincial administration for industry and commerce, and attach relevant evidence that his rights and interests have been damaged.
Seven, trademark and enterprise name confusion cases, occurred in the same provincial administrative region, handled by the provincial administration for Industry and commerce; Inter-provincial administrative regions shall be handled by the State Administration for Industry and Commerce. Cases requiring protection of enterprise name rights shall be undertaken by the trademark administration department of the Administration for Industry and Commerce at or above the provincial level; Where it is necessary to cancel a registered trademark, the undertaking department shall put forward opinions and report them to the Trademark Office of the State Administration for Industry and Commerce for decision, and the Trademark Office of the State Administration for Industry and Commerce shall handle them jointly with the Enterprise Registration Bureau in accordance with the relevant provisions of the Trademark Law and the Detailed Rules for the Implementation of the Trademark Law.
Eight, in violation of the relevant provisions of the trademark management and enterprise name registration management, the use of trademarks or enterprise names to cause confusion, shall be investigated and dealt with by the competent administrative department for Industry and commerce according to law.
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