Current location - Trademark Inquiry Complete Network - Trademark registration - Can a company win if it is sued in court with the same name?
Can a company win if it is sued in court with the same name?

No. The grounds look at the first-to-use principle, trademark rights and confusion and damage.

1. First-to-use principle: In the registration and operation of trademarks or business names, priority is given to the first-to-use principle. If one company has used a name or trademark earlier than another company, it will be protected if it can provide relevant evidence.

2. Trademark rights: If there is a dispute over the same trademark name, the party with the trademark registration certificate will be in a favorable position when suing. The trademark registration certificate can be used as proof of the legitimate rights and interests of the owner, and the registrant has certain exclusive rights to the trademark.

3. Confusion and damage: The court will consider whether two companies having the same name will cause confusion among the public or have a negative impact on the other party. If a duplicate name causes confusion or misleads consumers, or causes damage to the goodwill of the original user, it will be considered an infringement.