Legal analysis: When we register a company, the name is very important. It should not only be loud and elegant, but also avoid legal risks and try to avoid using other people's registered trademarks as enterprise names. The first thing to say is that the enterprise name of the Administration for Industry and Commerce is approved and registered in advance, and it must not object to others claiming trademark infringement. Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that the following acts are acts that cause other damage to the exclusive right to use a registered trademark of others as stipulated in Item (5) of Article 52 of the Trademark Law:

(1) Using the same or similar words as the registered trademark of others as the company name on the same or similar goods does not necessarily constitute infringement. According to the civil judgment of Jiangsu Higher People's Court (20 14) Su Zhimin's final wordNo. 102. 00 189, in this case, it constitutes an infringement of trademark rights, and the following conditions shall also be met.

Generally, you will highlight the simplified words of your company name, and don't use the same font and logo as the registered trademark. Otherwise, it will be regarded as infringement.

Secondly, it depends on whether the registered trademark is well known to the public. If it is recognized as a well-known trademark, it can't be washed if it jumps into the Yellow River.

Trademark owners can also bring a lawsuit on the grounds of unfair competition. According to Article 5 of the Anti-Unfair Competition Law, business operators are not allowed to engage in market transactions by the following improper means, thus harming competitors: Item (3) stipulates "using another person's enterprise name or brand name without permission". The premise of this paragraph is enough to cause public misunderstanding, but also to consider the popularity of prosecutors. As for the definition of unfair competition, it is necessary to prove the popularity and influence of the previous corporate brand name.

Intellectual property cases are very complicated, generally speaking, they are not very informative, especially those who have had business dealings with trademark owners before, and are likely to be considered malicious.

When a company is established, if the founder chooses the same name as the trademark, it will be deemed as infringement. Enterprises not only need to bear the liability for compensation, but also need to rename the company. Therefore, when choosing a format name, you need to be cautious and not sloppy.

Legal basis: Article 5 of the Law of People's Republic of China (PRC) on Anti-Unfair Competition stipulates that an operator shall not engage in market transactions by the following improper means, thus harming competitors: Item (3) stipulates that "the name of another enterprise is used without authorization".