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What to do if a trademark conflicts with a name?

Methods for conflicts between trademarks and business names: Generally, both trademarks and business names are protected by law. Because the aforementioned two matters do not belong to the same scope of activities. However, if one of the parties obtains rights by improper means or causes a conflict due to improper use of rights, the two parties shall reach an agreement to resolve the matter. If an agreement cannot be reached, they may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

Legal Basis

Article 60 of the Trademark Law of the People's Republic of China

There are infringement registrations listed in Article 57 of this Law If a dispute arises from one of the acts of trademark exclusive rights, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

If the industrial and commercial administration department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.