Legal analysis: Corporate name and trademark rights are legal rights and are protected by law. However, since the company name is approved and registered by the local industrial and commercial department, and the trademark is approved and authorized by the Trademark Office, and the company name registration is not jointly searched with the trademark, there are many cases where the company name and the registered trademark text are the same. To solve the conflict between trademark rights and corporate name rights, the basic principles are good faith, priority protection and fair competition. Priority is given to the time of corporate name registration and trademark application. This article analyzes the situation where the trademark application date is earlier than the corporate name registration date.

Legal basis: "Company Law of the People's Republic of China"

Article 6 To establish a company, one must apply for establishment registration to the company registration authority in accordance with the law. Those that meet the establishment conditions stipulated in this Law shall be registered as a limited liability company or a joint stock company by the company registration authority; those that do not meet the establishment conditions stipulated in this Law shall not be registered as a limited liability company or a joint stock company.

If laws and administrative regulations stipulate that the establishment of a company must be subject to approval, the approval procedures must be completed in accordance with the law before the company is registered.

The public may apply to the company registration authority to inquire about company registration matters, and the company registration authority shall provide inquiry services.

Article 7 A company established in accordance with the law shall be issued a business license by the company registration authority. The date of issue of the company's business license is the date of establishment of the company.

The company's business license shall state the company's name, address, registered capital, business scope, name of the legal representative, and other matters.

If the matters recorded in the company's business license change, the company shall handle the change registration in accordance with the law, and the company registration authority shall renew the business license.