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What should you do if there is a conflict between the trademark and the font size?

Hello, the so-called conflict between trademarks and font sizes refers to the registration and use of words that are the same or similar to other people’s trademarks as the font size in the company name, or the use of the same or similar words as the font size in other people’s company names. registration as a trademark, thereby creating a conflict between the two.

The conflict between trademarks and font sizes is also called the overlap between trademarks and font sizes. Regarding the specific legal application issues regarding the resolution of conflicts between trademarks and trade names, there are two situations. The first situation is that the trademark comes first and the trade name comes last.

1. The registered trademark comes first, followed by the font size.

(1) Using words that are the same or similar to others’ registered trademarks as the company’s trade name and prominently using them on the same or similar goods, which is likely to cause misunderstanding by the relevant public, falls under Article 52 of the Trademark Law Acts stipulated in item 5 that cause other damage to the exclusive rights of others to register trademarks. According to Article 53 of the Trademark Law, if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administration department to handle the matter. The industrial and commercial administrative department handling the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

(2) If the registered trademark has constituted a well-known trademark, then using the same or similar words as the registered trademark as a corporate trade name, and prominently using them on different or similar goods, misleading the public, If the interests of the registrant of the well-known trademark may be harmed, the provisions of Article 52, Paragraph 5 of the Trademark Law shall also apply.

2. Unregistered well-known trademarks come first, followed by the font size. If words that are identical or similar to a well-known trademark that has not been registered in China are prominently used as an enterprise's trade name on the same or similar goods, and are likely to cause confusion, the use is prohibited (see Article 13, paragraph 2, of the Trademark Law).

3. Trademarks that have been used and have had a certain influence come first, followed by the font size. For trademarks that have been used and have certain influence, the legitimate interests enjoyed by users should be protected. If others register the same or similar words as the trademark as the font size in the company name, it may deceive the relevant public or cause harm to the public. If there is a misunderstanding, trademark users can request the registration authority to correct the misunderstanding according to Article 9, Item 2 of the "Enterprise Name Registration and Management Regulations" and Article 40 of the "Enterprise Name Registration and Management Implementation Measures". If the registration authority fails to correct the problem, it may file an administrative lawsuit.

The second situation is that the font size comes first and the trademark comes last. If the trade name comes first and the trademark comes later, the company name registrant may request the Trademark Review and Adjudication Board to cancel the trademark in accordance with the provisions of Article 31 and Article 41, Paragraph 2 of the Trademark Law. If you are dissatisfied with the ruling, you may file an administrative lawsuit. I hope it helps you and I hope you will adopt it