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.

"Implementation Measures for the Administration of Enterprise Name Registration" Article 2 These Measures shall apply to the names of enterprise 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.

2. Whether the name of the enterprise is the same as the registered trademark of others.

When we register a company, the name is very important. It should not only be loud and elegant, but also avoid legal risks and try to avoid using other people's registered trademarks as enterprise names. The first thing to say is that the industrial and commercial bureau's enterprise name is approved and registered in advance, and it can never object to others claiming trademark infringement.

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that the following acts are acts that cause other damage to the exclusive right to use a registered trademark for others as stipulated in Item (5) of Article 52 of the Trademark Law:

(1) Significantly using words identical with or similar to other people's registered trademarks as enterprise names on the same or similar goods, which may mislead the relevant public;

Using another person's registered trademark as the enterprise name does not necessarily constitute infringement. According to the civil judgment (20 14) Su Zhimin's final wordNo. 102. 00 189 made by Jiangsu Higher People's Court, which constitutes trademark infringement in this case, shall meet the following two conditions at the same time:

First, highlight the words registered trademarks of others,

Second, it is easy to cause misidentification of the relevant public.

Generally, the simplified characters of your company name will be highlighted. Don't use the same font as the registered trademark. Otherwise, it will be regarded as infringement. Secondly, it depends on whether the registered trademark is well known to the public. If it is recognized as a well-known trademark, it can't be washed if it jumps into the Yellow River.

Trademark owners can also bring a lawsuit on the grounds of unfair competition. According to Article 5 of the Anti-Unfair Competition Law, business operators are not allowed to engage in market transactions by the following improper means, thus harming competitors: Item (3) stipulates "using another person's enterprise name or brand name without permission". The premise of this paragraph is enough to cause public misunderstanding, but also to consider the popularity of prosecutors. As for the definition of unfair competition, it is necessary to prove the popularity and influence of the previous corporate brand name.

In life, there is an equal relationship between enterprise name infringement and trademark, which requires reasonable judgment, but it also needs to be judged according to specific circumstances. If it is an approved company name, there is no infringement.