Legal analysis: Whether using a name without using a trademark is an infringement needs to be judged based on the time of use and whether the category of the products is the same or similar. The name is also part of the trademark. If the other party's name belongs to a registered trademark and the category of business is the same or similar, it is an infringement of trademark rights. If the other party's business name is well-known and the categories you operate are the same or similar, it is unfair competition. In addition, if the actor uses the name first and the other party registers the trademark using the name, the actor can file a request to invalidate the other party's trademark. Because the other party's registration harms the actor's online rights, using the name at this time does not constitute infringement.
Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts is an infringement of the exclusive right to register a trademark:
(1) ) Use the same trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Use the same kind of trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Counterfeiting or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the replaced trademark The goods are put into the market;
(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
(7) Giving Any other damage caused by the exclusive right to use a registered trademark of others.