If the other party has registered a trademark, even if it uses the name to open a store in a different place without authorization, and the scope of use falls within the scope of trademark protection, it is an infringement.

Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant is an infringement of the exclusive right to use the registered trademark.

The exclusive rights to the company name, trade name, and the name and trade name of individual traders are also the legal monopoly property owned by the company and the operator. They represent the external image of the company and are also related to the operation. The business reputation of operators and the reputation of goods and services are crucial to both operators and consumers. As a kind of intangible property, the names and names of enterprises and individuals enjoy exclusive rights. All countries have confirmed the exclusive rights of names, enterprise names, trade names, etc. through civil legislation or enterprise name registration management systems and protected these rights.

Legal Basis

"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 attract people's attention: Mistakenly believing that it is someone else’s product or having a specific connection with someone else:

(1) Unauthorized use of the same or similar logos as others’ product names, packaging, decoration, etc. that have a certain influence;

(2) The unauthorized use of other people’s business names, including abbreviations, trade names, etc., which have certain influence, the names of social organizations, including abbreviations, etc., and names, including pen names, stage names, translated names, etc.; The main part of the domain name, website name, web page, etc.;

(4) Other confusing behavior that is enough to cause people to mistake it for someone else's product or to have a specific connection with someone else. Article 17 If an operator violates the provisions of this Law and causes damage to others, he shall bear civil liability in accordance with the law.

If an operator's legitimate rights and interests are harmed by unfair competition, he may file a lawsuit with the People's Court.

The amount of compensation for an operator who is harmed by unfair competition shall be determined based on the actual losses suffered by the operator due to the infringement; if the actual losses are difficult to calculate, the amount of compensation shall be determined based on the benefits obtained by the infringer due to the infringement. If an operator maliciously commits an infringement of trade secrets and the circumstances are serious, the amount of compensation may be determined to be between one time and five times the amount determined according to the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.

If an operator violates the provisions of Articles 6 and 9 of this Law and it is difficult to determine the actual losses suffered by the right holder due to the infringement and the benefits obtained by the infringer due to the infringement, the people's court shall decide based on the infringement. According to the circumstances, the right holder shall be awarded a compensation of less than 5 million yuan. Article 32 In civil trial proceedings for infringement of trade secrets, if the trade secret obligee provides preliminary evidence to prove that it has taken confidentiality measures for the claimed trade secrets and reasonably shows that the trade secrets have been infringed, the alleged infringer shall prove the rights The trade secrets claimed by the person do not fall within the scope of trade secrets stipulated in this Law.

If the trade secret right holder provides preliminary evidence that reasonably indicates that the trade secret has been infringed, and provides one of the following evidences, the alleged infringer shall prove that it has not infringed the trade secret:

(1) There is evidence that the alleged infringer has channels or opportunities to obtain the trade secret, and the information he uses is substantially the same as the trade secret; (2) There is evidence that the trade secret has been used by the suspected infringer Disclosure, use or risk of disclosure or use;

(3) There is other evidence that the trade secret has been infringed by the alleged infringer.

"Criminal Law"

Article 218: Anyone who knowingly sells infringing copies for the purpose of profit, and the amount of illegal gains is huge or there are other serious circumstances, shall be punished with a five-year fine. shall be sentenced to fixed-term imprisonment of not more than 10 years and concurrently or solely to a fine.