Legal subjectivity:

Trademarks are regulated by the "Trademark Law", and business license company names are regulated by the "Enterprise Name Registration Management Regulations". The two protections are parallel. Therefore, after a service mark is registered, the same company name as the service mark that has been used by other companies in the same industry can still continue to be used. At the same time, after the service trademark is registered, the same words can also be used by the enterprise after it is approved by the industrial and commercial department and registered as a font size in the enterprise name. The exclusive right to trademark and business name are two different rights, regulated by different laws and regulations. Therefore, even if the name of a company approved and registered by the industrial and commercial department has the same font size as someone else's trademark, it will not constitute trademark infringement. Because, for the registration of enterprise names, the registration behavior is not the use of trademarks stipulated in the Trademark Law, so the behavior itself does not constitute an infringement of the exclusive right to register a trademark. However, if someone else’s trademark is a well-known trademark, or if the company name uses the same font size as someone else’s registered trademark, which confuses consumers as to the source of the goods or services, the use in this case will be suspected of constituting trademark infringement or unfair use. Fair competition behavior. A trademark is the identification of a product or a brand, and a business license is something that a company needs to apply for during its business operations. If it is not obtained, it is operating without a license. A company can have no trademark, but it cannot have a business license. Article 25 of the Trademark Law: If a trademark registration applicant files another application for trademark registration in China with the same trademark for the same goods within six months from the date of first filing an application for trademark registration in a foreign country, the applicant shall apply for trademark registration in accordance with the provisions of the said trademark registration application. Priority may be enjoyed in agreements signed between foreign countries and China or international treaties to which China is a party, or in accordance with the principle of mutual recognition of priority. To claim priority in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first trademark registration application document shall be submitted within three months; if a written statement is not made or the trademark registration application is not submitted within the time limit, Copies of documents shall be deemed not to have claimed priority. The law is objective:

"Measures for the Registration and Management of Individual Industrial and Commercial Households"

Article 24

The business license of an individual industrial and commercial household (hereinafter referred to as the business license) is divided into The original and copy shall state the name of the individual industrial and commercial household, the name of the operator, the form of organization, business location, business scope, registration date and number, licensing authority and license issuance time information. The original and copy shall have the same legal effect.

"Measures for the Registration and Management of Individual Industrial and Commercial Households"

Article 25

The original business license shall be placed in a conspicuous position at the business premises of the individual industrial and commercial household.

"Measures for the Administration of Registration of Individual Industrial and Commercial Households"

Article 26

If the registration change of an individual industrial and commercial household involves matters specified in the business license, the registration authority shall Renew business license.