The same company name does not necessarily count as infringement.

1. Whether the company name constitutes infringement should be judged based on the actual situation;

2. If the company name has been registered with the Industrial and Commercial Bureau, it is usually not considered infringement;

3. Companies in the same industry cannot use the same name within the same administrative region, and the Industry and Commerce Bureau will check for duplication;

4. my country implements a hierarchical registration system for enterprise names, but this may be due to the lack of a national online search system and Restrictions on the combination of Chinese characters may lead to the registration of the same or similar business names in different administrative divisions, which may cause conflicts;

5. In business name conflict litigation, if the names of both parties are legally registered, when judging whether there is unfair competition, the parties shall be considered Whether there is any intention to confuse or free-ride, and whether it may lead to public misunderstanding;

6. If a party’s company name is well-known, it may constitute infringement.

Company name registration process:

1. Check whether the company name has been registered;

2. Submit a company name pre-approval application;

3. Receive the name pre-approval notice;

4. Prepare company establishment registration documents;

5. Submit registration application to the industrial and commercial administration department;

To sum up, whether a company name is infringing needs to be analyzed based on the specific circumstances, including whether it is legally registered, whether the same name is used in the same industry in the same administrative region, whether there is unfair competition, and whether it is likely to cause Public misunderstanding, especially when a party's business name has a high reputation, more caution is needed to avoid infringement.

Legal basis:

"Enterprise Name Registration Management Regulations"

Article 6

Enterprises are only allowed to use one name. The names of registered enterprises in the same industry shall not be the same or similar within the jurisdiction of the competent authority. The name of an enterprise is composed of the administrative division, the font size, the characteristics of the industry, and the organizational form. These four parts will work as long as one of the first three is different. Although the two companies have the same trade name, they are in different industries. This is generally acceptable unless the chemical company is a group company with a wide range of operations. However, judging from the name of the enterprise, it is not a group, and the two will not cause confusion in the name.

"Trademark Law of the People's Republic of China"

Article 57

Anyone who commits any of the following acts shall be deemed to have infringed upon a registered trademark. Right:

(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant License to use a trademark that is similar to its registered trademark on the same kind of goods, or use a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Sales that infringe the exclusive use of registered trademarks goods;

(4) Counterfeiting or manufacturing registered trademark signs of others without authorization or selling counterfeit or unauthorized registered trademark signs;

(5) Forging or manufacturing registered trademark signs without authorization from the trademark registrant; Agree, change its registered trademark and put the goods with the changed trademark into the market;

(6) Deliberately provide conveniences for infringement of the exclusive rights of others' trademarks and help others to infringe the exclusive rights of trademarks;

(7) Causing other damage to others’ exclusive rights to registered trademarks.

"Law of the People's Republic of China and the State Against Unfair Competition"

Article 6

Operators shall not engage in the following confusing behaviors to cause people to mistakenly believe: It is another person’s product or has a specific connection with another person:

(1) Unauthorized use of the same or similar logo as the product name, packaging, decoration, etc. that has a certain influence on others;

(2) ) Unauthorized use of other people’s company names (including abbreviations, trade names, etc.), social organization names (including abbreviations, etc.), names (including pen names, stage names, translated names, etc.) that have certain influence;

(3) Unauthorized use The main part of the domain name, website name, web page, etc. that others have a certain influence on;

(4) Other confusing behaviors that can lead people to mistakenly think that they are other people's products or have a specific connection with others.