Legal Subjectivity:

Other people’s company names are not infringements like direct trademarks. Approved company names enjoy name rights, and there is no infringement with the same name as a trademark. Article 2 of the "Implementation Measures for the Registration and Management of Enterprise Names" These Measures apply to the names of enterprise legal persons and enterprises without legal person qualifications registered by the industrial and commercial administrative authorities. Article 3 An enterprise shall choose its own name in accordance with the law and apply for registration. An enterprise enjoys the right to its name from the date of its establishment. Our country implements a hierarchical registration system for enterprise names. The industrial and commercial administration departments at or above the county level have the power to approve and register enterprise names. However, a national networked search system has not been established, and due to limitations in the combination of Chinese characters, it has led to practice It often appears that the same or similar enterprise names are registered in different administrative divisions, causing conflicts. In a lawsuit arising from a conflict of business names, since the business names of both parties have been legally registered and have legal origins, it can only be based on the principle of good faith and judge whether the parties have intentional confusion or free riding. Only if it is objectively possible to misunderstand the public can we determine whether it constitutes unfair competition and whether it has infringed the right to name the company.