What is the legal basis for trademark to damage others' prior trade name right? 1. Article 9 of the Trademark Law of People's Republic of China (PRC) (revised in March 2065438) The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the prior legal rights of others. Trademark registrants have the right to indicate "registered trademarks" or registration marks. Article 32 An application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means. Article 45 of the Trademark Law of People's Republic of China (PRC) violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law. Within five years from the date of registration of a trademark, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For malicious registration, the owner of a well-known trademark is not limited by five years. After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, decide to maintain the registered trademark or declare it invalid, and notify the relevant parties in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party. In the process of examining the request for invalidation in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed. 2. "the Supreme People's Court issued the notice" 17 ",we should correctly understand and apply the general provisions of Article 31 of the Trademark Law that" the application for trademark registration shall not damage the existing prior rights of others ". When examining and judging whether the disputed trademark damages the existing prior rights of others, the people's court shall protect the prior rights that have been specially stipulated in the Trademark Law in accordance with the special provisions of the Trademark Law; Although there is no special provision in the Trademark Law, those legitimate rights and interests that should be protected according to other laws should be protected according to the general provisions. When the people's court examines and judges whether the disputed trademark damages the existing prior rights of others, it generally takes the filing date of the disputed trademark as the standard. Where the prior right no longer exists when the disputed trademark is approved for registration, the registration of the disputed trademark shall not be affected. If the above article can't completely solve your problem, how can this situation be solved? You can consult an online lawyer, and a professional team of lawyers will answer this question for you.

Legal objectivity:

Article 4 of the Trademark Law of People's Republic of China (PRC), if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected. The provisions of this Law on commodity trademarks shall apply to service trademarks. Article 3 of the Trademark Law of People's Republic of China (PRC) registered trademarks include commodity trademarks, service trademarks, collective trademarks and certification trademarks. Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.