Enterprise name and trademark right are legal rights and are protected by law. However, because the enterprise name is approved by the local industrial and commercial department and the trademark is authorized by the Trademark Office, there is no joint search between the enterprise name registration and the trademark, and there are many cases where the enterprise name is the same as the registered trademark. To solve the conflict between trademark right and enterprise name right, the basic principles are honesty and credit, protection priority, fair competition, and giving priority to the time of enterprise name registration and trademark application. This paper analyzes the situation that the date of trademark application is earlier than the date of enterprise name registration.

legal ground

Company Law of the People's Republic of China

Article 6 To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.

Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.

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

Article 7 A company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company.

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

Where the matters recorded in the company's business license change, the company shall register the change according to law, and the company registration authority shall issue a new business license.