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How to define the infringement of company name
How to define the infringement of company name;

1. Registered by the Industrial and Commercial Bureau, there is no infringement;

2. The enterprise name is in the same administrative division, and the same industry name cannot be duplicated, because the industrial and commercial bureau will have a search function. The company name approved by the enterprise name infringement regulations enjoys the right of name, and there is no infringement of the same name as the trademark. However, an unapproved company name may be infringing. Although the approved company has the same name as the trademark and there is no infringement, it violates the provisions of Article 57 of the Trademark Law and illegally uses the trademark, which constitutes infringement. According to the law of our country, an enterprise is only allowed to use one name, and it shall not be the same as or similar to the registered enterprise in the same industry within the jurisdiction of the registration authority. If the industrial and commercial bureau is registered, it will not infringe.

How to punish infringement of company name;

According to the Regulations on the Administration of Enterprise Name Registration, the registration authority has the right to order the infringer to stop the infringement, compensate the infringed for the losses suffered by the infringer, confiscate the illegal income, and impose a fine ranging from 5,000 yuan to 50,000 yuan. In addition, the enterprise can also apply the anti-unfair competition law according to the infringer's infringement and the losses suffered by the enterprise, and request the people's court to order the infringer to compensate the losses caused to the enterprise according to law. If there is a dispute between the enterprise name of an enterprise in China and the enterprise name of a foreign (regional) enterprise in China, the State Administration for Industry and Commerce shall handle it in accordance with the principles stipulated in the international treaties concluded or acceded to by China when applying for a ruling by the competent registration authority.

legal ground

Measures for the implementation of enterprise name registration management

Article 2 These Measures shall apply to the names of enterprises as legal persons and unincorporated enterprises registered by the administrative department for industry and commerce.

Article 3 An enterprise shall choose its own name according to law and apply for registration. An enterprise enjoys the right of name from the date of its establishment.

Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others.