The exclusive right to register a trademark and the font size
As the title says, when talking about the exclusive right to register a trademark (all referred to as trademark rights in this article, the same trademark right refers to the exclusive right to register a trademark) , and did not talk about the right to trade name, simply because there are no specific or short-term regulations regulating the right to trade name in all current legal normative systems. Therefore, the title is the exclusive right and size of the registered trademark.
(1) Trademark rights and trade names, trade names are also called trade names
Non-famous and non-well-known trademarks and trade names of non-well-known enterprise names
Exclusively for registered trademarks Rights are regulated by national laws and regulations.
Regarding font size, currently, there is no special law regulating font size. The font size is only the most prominent part of the company name.
According to relevant laws and regulations, once the trademark owner obtains the trademark rights, if the font size part of the company name is the same as or similar to the text of the trademark, and the goods or services involved are similar, then the trademark will not be Whoever applies for registration first or who registers the company name comes first, the trademark owner has the right to require the company name owner to standardize the use of the company name. In other words, at this time, the owner of the enterprise name is not allowed to prominently use the font size part of the enterprise name. Once the font size part of the enterprise name is prominently used, it constitutes infringement.
As for whether the registered trademark is a trademark that is the same as or similar to the font size in the name of another person's business, whether the font size is the same as or similar to the registered trademark of others. Font size is another issue, involving the conflict between trademark rights and corporate name rights. Before there is no conflict between the trademark right and the enterprise name right, or before the conflict is resolved, the trademark owner has the right to require the enterprise name owner to standardize the use of the enterprise name, and shall not prominently use the same or similar font size as the trademark owner's trademark.
For example, a certain catering company in Guangdong has obtained the trademark rights of "Cai Genxiang", then any company using Cai Genxiang or Cai Xianggen as its trade name shall not prominently use its trade name Cai Genxiang or Cai Xianggen in its catering services. Caigenxiang can only use its corporate name (including administrative division, industry characteristics and organizational form) in a standardized manner.
Well-known trademarks, famous trademarks and trade names
Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation.
Current laws and regulations have relatively sound provisions for well-known trademarks. Words that are the same as or similar to the words of a well-known trademark are prohibited from being used as such if they are likely to cause confusion, mislead or deceive the public. Register the company name as the font size part of the company name. If the company name has been registered before the trademark becomes a well-known trademark, it can continue to be used.
Famous trademarks refer to trademarks that are relatively well-known within a certain geographical range (such as provincial areas). It is mostly used in the selection of first-level reputational trademarks in provinces and municipalities in my country, and often appears in local regulations.
The relationship between famous trademarks and font sizes is not much different from the protection of well-known trademarks in this regard. Similarly, if words that are identical or similar to those of a famous trademark are likely to confuse, mislead, or deceive the public, they are prohibited from being used as part of the business name to register a business name.
Trademark rights and well-known trade names
The Trademark Law stipulates that applying for trademark registration shall not damage the existing prior rights of others. According to the provisions of the "Trademark Examination and Trial Standards" formulated by the Trademark Office and the Trademark Review and Adjudication Board in 2005, applying to register as a trademark the same or basically the same wording as a trade name that has been previously registered and used by others and has a certain degree of popularity will easily cause the relevant Chinese public to If there is confusion, resulting in possible damage to the interests of the prior trade name right holder, it shall be determined as an infringement of the prior trade name rights of others, and the disputed trademark shall not be approved for registration or shall be revoked.
In addition, in the Anti-Unfair Competition Law and the Supreme People’s Court’s interpretation of several issues concerning the application of law in the trial of civil cases of unfair competition, “the names of enterprises that have a certain market reputation and are known to the relevant public” The trade name can be recognized as the 'enterprise name' stipulated in Article 5(3) of the Anti-Unfair Competition Law." Well-known business names still have some protection compared to trade names.
Famous trademarks, well-known trademarks and well-known trade names
Since they can and have become famous trademarks, well-known trademarks and well-known trade names, it means that the operators and trade names of the trademarks have been around for quite some time. Time, so no matter what kind of relationship a famous trademark or a well-known trademark has with a well-known trade name, under normal circumstances, the two will still coexist. What you need to pay attention to may be some slight restrictions.
(2) Use of font size
Since font size exists as a part of the company name, its use is more as a part of the company name, rather than as a part of the company name. Do not use font size alone.
"Regulations on the Implementation and Management of Enterprise Name Registration": The enterprise name used in the enterprise's seal, bank account, and letterhead should be the same as the enterprise name on its business license.
The company name used in legal documents should be the same as the company name on the business license of the company.
The "Regulations on the Registration and Management of Enterprise Names" stipulates that the name used in an enterprise's seal, bank account, plaque, and letterhead should be the same as the registered enterprise name. The name plaques of enterprises engaged in commerce, public catering, service and other industries can be appropriately simplified, but they should be reported to the registration authority for filing.
According to relevant regulations, the use of company names should be standardized, and some industries can be appropriately simplified. In other words, the font size cannot be used alone and prominently at will. If it is used separately and prominently according to customary needs, it must be reported to the registration authority for filing on the premise of the principle of good faith and not causing confusion.
When a logo that is the same as or similar to the font size has not been registered as a trademark on the relevant goods or services, there is not much risk in using the font size alone. However, once a trademark that is the same as or similar to a font size has become a registered trademark, the sole use of the font size can easily infringe on the exclusive rights of others to register a trademark, and you will be required to regulate the use of the company name.
Well-known trade names also face this problem. If before the trade name becomes a well-known trade name, a logo with the same or basically the same words as the trade name has become a registered trademark of others in the same or similar industry, the well-known trade name You are also not allowed to use the trade name alone. Therefore, the trade names of some well-known international companies are consistent with their main trademarks. For example: Japan's Sony, Taiwan's Asus, China's Lenovo, etc. Unifying trade names and trademarks is currently one of the most effective measures for enterprise protection.
Trademark rights and corporate name rights
We have briefly sorted out the relationship between trademark rights and font sizes. Next, we will sort out the relationship between trademark rights and corporate name rights.
First of all, it can be seen from the title:
1. Trademark rights and font sizes are not equivalent rights. Trademark rights are granted by the State Trademark Office through the approval of registered trademarks. As for the trade name, the general trade name only appears as part of the company name. Relatively speaking, well-known firms have certain rights.
Trademark rights and corporate name rights are equal rights granted by the state’s administrative agencies through certain administrative actions.
2. Most of the disputes between trademark rights and font sizes are:
The independent or prominent use of font sizes infringes upon the exclusive right of a registered trademark.
The use of unregistered trademarks infringes upon the rights of prior well-known trade names and constitutes unfair competition.
A trademark applied for registration or already registered infringes upon the prior well-known trade name rights and constitutes unfair competition.
The conflict between trademark rights and corporate name rights is often a conflict between trademark rights and corporate name rights. In addition, there may be some malicious acts to register a trademark and register a business name, which may constitute an infringement of the exclusive right to use a registered trademark or unfair competition.
Well-known trademark rights and corporate name rights
Avoiding and resolving conflicts between well-known trademarks and corporate names is one of the main ways to prevent well-known trademarks from being diluted and confused. In practice, the use of well-known trademarks in corporate names virtually weakens the protection of well-known trademarks.
When a later-registered enterprise name conflicts with a well-known trademark and may deceive or misunderstand the public, the trademark owner may apply to the competent authority to cancel the enterprise name. The competent authority shall based on relevant The law requires a review of whether the business name is "likely to deceive or mislead the public."
For those business names that have been registered before the trademark becomes a well-known trademark, according to the principle of protecting prior rights, the registered business name still needs to be protected, but the rights must be restricted. The right holder who enjoys the right to a corporate name shall not extend the use of the well-known trademark or trade name in corporate transfers, investments, etc.
Trademark rights and business name rights
1. The exclusive rights to trademarks and business name rights are rights confirmed through legal procedures and are governed by trademark laws, regulations and business name registration management laws respectively. , regulatory protection.
2. The acquisition of exclusive rights to trademarks and business names shall comply with the principle of good faith in the "General Principles of Civil Law" and the "Anti-Unfair Competition Law", and the reputation of other people's trademarks or business names shall not be used for unfair purposes. Fair competition.
3. A trademark is a sign that distinguishes the source of different goods or services and consists of words, graphics or a combination thereof; a company name is a sign that distinguishes different market entities and consists of administrative division, trade name, industry or business characteristics, Organizational form, in which the font size is the main symbol that distinguishes different enterprises.
4. The words in the trademark are the same or similar to the font size in the company name, causing others to confuse the market entity and the source of its goods or services (including the possibility of confusion, the same below), thereby constituting Unfair competition shall be stopped in accordance with the law.
5. The confusion referred to in the preceding article mainly includes:
(1) Registering words that are the same or similar to the font size in other people’s business names as trademarks, causing the relevant public to lose ownership of the business name. There is a misunderstanding or misunderstanding between the person and the trademark registrant;
(2) Registering words that are identical or similar to others’ registered trademarks as font sizes in the company name, causing the relevant public to misunderstand the trademark registrant and the company name Everyone's misunderstanding or misunderstanding.
6. When dealing with confusion between trademarks and business names, the principles of maintaining fair competition and protecting the interests of prior legal rights holders should be applied.
7. When handling cases of confusion between trademarks and business names, the following conditions should be met:
(1) The confusion between the trademark and the business name damages the legitimate rights and interests of the prior rights holder;
(2) The trademark has been registered and the company name has been registered;
(3) A request is made within five years from the date of trademark registration or the date of company name registration (including requests that have been made but have not yet been processed), but malicious registration or malicious registration are not subject to this restriction.
8. If the trademark registrant or the owner of the business name believes that his or her rights and interests have been harmed, he may complain in writing to the State Administration for Industry and Commerce or the provincial Administration for Industry and Commerce, and attach a copy of the report stating that his or her rights and interests have been harmed. Relevant evidence materials.
9. If a case of confusion between a trademark and a company name occurs within the same provincial administrative region, it shall be handled by the Provincial Administration for Industry and Commerce; if it crosses provincial administrative regions, it shall be handled by the State Administration for Industry and Commerce. .
Cases requiring the protection of exclusive rights to trademarks shall be handled by the enterprise registration department of the industrial and commercial administration at or above the provincial level; if the enterprise name should be changed, the handling department shall work with the trademark management department in accordance with the relevant regulations on enterprise name registration and management. After the regulations are processed, it will be handed over to the enterprise name approval authority for execution, and reported to the Trademark Office and Enterprise Registration Bureau of the State Administration for Industry and Commerce for filing.
Cases requiring the protection of enterprise name rights shall be handled by the trademark management department of the Administration for Industry and Commerce at or above the provincial level; if a registered trademark should be revoked, the handling department shall provide opinions and then submit it to the State Administration for Industry and Commerce for trademark registration. The Trademark Office of the State Administration for Industry and Commerce decided that the Trademark Office of the State Administration for Industry and Commerce will work with the Enterprise Registration Office to handle the matter in accordance with the relevant provisions of the Trademark Law and the Implementing Rules of the Trademark Law.
10. Any use of a trademark or company name that causes confusion in violation of the relevant provisions on trademark management and enterprise name registration shall be investigated and punished by the competent industrial and commercial administration authorities in accordance with the law.