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How to deal with the conflict between the company trademark and the company name?

The conflict between corporate registered trademarks and company registered names has been around for a long time. This is mainly because the font sizes in trademarks and corporate names both have the functional attribute of indicating the source of goods or service providers, and they belong to the two categories. The product of a non-cross-registration management system. Why is there a conflict between the company name and the registered trademark? Today I will take you to take a look. In terms of the order of obtaining rights, there are two main types of conflicts between registered trademarks and corporate names: 1. Registering a famous corporate name first and applying for a registered trademark later. After unified registration by the Trademark Office of the State Administration for Industry and Commerce, a trademark with a proprietary mark can be formed nationwide. However, when a company name is approved and registered by the industrial and commercial department of a specific region or country, and the company uses it for publicity and generates popularity, it is generally considered that its trade name forms an exclusive right within the prescribed scope. Therefore, if a company name is registered and used first, the company can apply for registration in accordance with Article 32 of the Trademark Law, which states that “the application shall not damage the existing prior rights of others”. File an objection or invalidity statement against a trademark, thereby preventing or canceling the subsequent registration of the trademark. If you are not satisfied with the ruling of the administrative agency (i.e. the Trademark Review and Adjudication Board), you can also file an administrative lawsuit with the Beijing Intellectual Property Court regarding the ruling. The second is a trademark and business name that is applied for registration for the first time. First, prior trademark registration can, in civil infringement disputes, prevent enterprises that register identical or similar trade names with their trademarks from “prominent use” (irregular use) and causing market confusion. According to Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Trademark Dispute Cases", using words that are identical or similar to others' registered trademarks as prominently used by an enterprise on the same or similar goods can easily lead to misunderstanding by the relevant public. , should constitute the current "Trademark Law" Article 52, paragraph 5, "giving others the exclusive right to register a trademark and causing other damage." The so-called "prominent use" here refers to highlighting the font size when using the company name to make it relatively independent and identifiable, including using the font size alone in commercial activities, and/or changing the font size when labeling the company name. Fonts, colors, sizes, etc. are treated specially. Based on the above practices, while the two systems of corporate name and trademark will still maintain separate registrations, it is recommended that enterprises maintain the unity of corporate name and trademark as much as possible.