Many companies do not have registered trademarks in the early stages of their establishment. When they want to register the trademark, they find that it has been registered by someone else; there are also some companies that have registered trademarks but not registered companies. In this case, disputes are inevitable. . Can I apply to register a company name that has been registered by others as my own trademark? I will analyze it in detail in this article. I think this can be mainly discussed in two situations. First of all, the other company has not registered its own name as a trademark, and in this case, it is completely possible to register another person's company name as its own trademark. Whether it can be approved after application depends on how many people use this name and whether it is well-known in the industry. Second, trademark registration in China follows the first-come, first-served principle. As long as the trademark is not registered with the Trademark Office, it can be registered as a trademark. After successful registration, the trademark ownership belongs to the trademark registrant no matter whose name it is. Another situation is that the other party has registered its company name as a trademark. In this case, the Trademark Office will not be able to accept the trademark registration application, so the trademark registration is unlikely to be successful. In addition, many people confuse "business name" and "trademark", but in fact the two are not the same. Trademark law is a sign that distinguishes the source of different goods or services through words, graphics, or combinations. The company name is a symbol that distinguishes different market entities, including administrative division, trade name, industry characteristics, business nature, organizational form, etc. Among them, the trade name is the main symbol that distinguishes different enterprises. Before an enterprise obtains the exclusive right to use a trademark, it must be approved and registered by the Trademark Office of the State Administration for Industry and Commerce, and the enterprise can use the trademark. If the company has a different name, it can obtain the right to the name of the company in a certain region after being registered with the industrial and commercial administration department at or above the county level. In the process of granting these two rights, the sectors and scope of rights vary. Legal analysis: If the company name of another person is used without authorization, causing confusion and misunderstanding among the relevant public about the product, it is considered unfair competition. It is the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition" that clearly stipulates: The names of enterprises registered by the industrial and commercial registration authorities in accordance with the law, and the names of foreign (regional) enterprises engaged in commercial purposes within the territory of China, have certain The market popularity and the trade names in the enterprise names known to the relevant public can be recognized as the "enterprise names" stipulated in Article 5, paragraph 3, of the Anti-Unfair Competition Law. If the company name (trade name or abbreviation) is registered as a trademark by others, the company can apply for trademark registration in Article 31 of the Trademark Law without infringing upon the prior rights of others. If the registration is done in bad faith or causes confusion among the relevant public , misrecognition, and apply to cancel the registration of the trademark when the enterprise has a certain reputation. In short, it is not advisable to use someone else's company name to register your own trademark.