Current location - Trademark Inquiry Complete Network - Trademark inquiry - If the names of a company and an individual business owner are the same, is this an infringement?
If the names of a company and an individual business owner are the same, is this an infringement?

The names of the company and individual industrial and commercial households are duplicated, and the party that registered later violated the trademark rights.

Legal Analysis

1. Medical expenses: Medical expenses are determined based on the receipts for medical expenses and hospitalization fees issued by the medical institution, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost work pay: Lost work pay is determined based on the victim’s lost work time and income status. 3. Nursing fees: Nursing fees are determined based on the income status of the nursing staff, the number of caregivers, and the duration of care. 4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his necessary accompanying persons for medical treatment or transfer to a hospital for treatment. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the business trip food subsidy standards for general staff of local state agencies. 6. Nutritional expenses: Nutritional expenses are determined based on the victim’s disability and with reference to the opinions of the medical institution. 7. Disability compensation: Disability compensation is based on the degree of the victim's loss of working ability or disability level, and is based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed is based, starting from the date of disability. Twenty years count. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.

Legal Basis

Article 57 of the Trademark Law of the People’s Republic of China: Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar goods Using a trademark that is the same as or similar to its registered trademark on the Internet, which is likely to cause confusion; (3) selling goods that infringe the exclusive rights of a registered trademark; (4) forging or making without authorization the registered trademark signs of others or selling forged or making without authorization registered trademark signs (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark into the market; (6) Intentionally providing facilities for infringement of other people's exclusive rights to trademarks and helping others to infringe the exclusive rights of trademarks Behavior; (7) Causing other damage to others’ exclusive rights to registered trademarks.