Current location - Trademark Inquiry Complete Network - Trademark registration - Is it infringement to have different store names?
Is it infringement to have different store names?
Is it infringement to have different store names?

If the difference in shop names is enough to mislead consumers, it can be considered as infringement of trademark rights, which is an act of unfair competition, and the infringed can claim compensation from the infringer.

Relevant laws and regulations:

the trademark law of the people's republic of china

Article 58 Where a registered trademark of another person or an unregistered well-known trademark is used as the font size in an enterprise name, which misleads the public and constitutes unfair competition, it shall be dealt with in accordance with the Law of People's Republic of China (PRC) on Anti-Unfair Competition.

anti- unfair competition law

Article 6 An operator shall not commit any of the following confusing acts, so that people may mistakenly think that it is another person's commodity or have a specific connection with another person:

(a) unauthorized use of the same or similar signs such as commodity names, packaging and decoration that have certain influence on others;

(2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), social organizations (including abbreviation, etc. ) and name (including pen name, stage name, translated name, etc. ) has a certain influence on others;

(three) unauthorized use of domain names, website names, web pages and other major parts. , have a certain influence on others;

(four) other confusing acts that can make people mistakenly think that they are other people's goods or have specific connections with others.

Article 18 Where an operator violates the provisions of Article 6 of this Law and confuses the audience, the supervision and inspection department shall order him to stop the illegal act and confiscate the illegal commodities. If the illegal business amount is more than 50 thousand yuan, a fine of less than 5 times the illegal business amount may be imposed; If there is no illegal business amount or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed. If the circumstances are serious, the business license shall be revoked.

If the registered enterprise name of an operator violates the provisions of Article 6 of this Law, it shall register the name change in time; Before the name is changed, the original enterprise registration authority shall change its name into a unified social credit code.

The above is the relevant knowledge compiled by Bian Xiao Law Firm for you. If the word difference of the store name is enough to mislead consumers, it can be considered as trademark infringement, which belongs to unfair competition. The infringed may claim compensation from the infringer. If readers encounter other problems, they can come to a professional team of lawyers for consultation.