The conflict between the trademark right and the enterprise name right is mainly manifested in the fact that the font size of word mark is the same or similar to that of the enterprise name, which makes others confuse the market subject and the source of goods or services, thus constituting unfair competition. There are three main forms of expression:

1. Registering the same or similar words as others' registered trademarks as the font size in the enterprise name;

2. register words with the same or similar font size as others' enterprise names as trademarks;

3. register the abbreviation of the enterprise name as a trademark.

the reasons for the above situation are: internally speaking, both of them have the same business logo function. Enterprise name is the logo of enterprise, and trademark is the logo of product or service. Both of them are marked intellectual property rights, an important carrier of corporate goodwill and an important tool for enterprises to explore the market. Operators guide consumers to identify the source of products or services and judge the quality of products or services through them. From the external factors, although the registration and management of enterprise names and trademarks are in the industrial and commercial departments, the operation and management are carried out according to different professions and standards within the industrial and commercial departments, especially the enterprise names are registered at different levels according to the jurisdiction.

principles and administrative channels and procedures for resolving disputes

two basic principles should be followed in resolving the conflict between trademarks and enterprise names: one is the principle of protecting legal prior rights, and the other is the principle of maintaining fair competition. Therefore, enterprises should follow the principle of good faith in the acquisition of rights, and should not use the reputation of other people's trademarks or enterprise names for unfair competition in the use of rights.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates one by one. Prominent use of words identical with or similar to others' registered trademarks as the name of an enterprise on the same or similar goods is likely to mislead the relevant public? Belonging to Item (5) of Article 52 of the Trademark Law? Causing other damage to the exclusive right to use a registered trademark of another person? Infringement.

article 4 of the opinions of the state administration for industry and commerce on solving some problems in trademarks and enterprise names stipulates? If the words in the trademark are identical or similar to the font size in the enterprise name, which causes others to be confused (including the possibility of confusion) about the market subject and the source of its goods or services, thus constituting unfair competition, it shall be stopped according to law. ?

according to article 5 of the regulations of the state administration of enterprise name registration? The registration authority has the right to correct the inappropriate enterprise name that has been registered. ?

To request the industrial and commercial administration to handle the case of confusion between the trademark and the enterprise name, the following conditions shall be met:

(1) The confusion between the trademark and the enterprise name damages the legitimate rights and interests of the prior obligee;

(2) the trademark has been registered and the enterprise name has been registered;

(3) filing a request (including those that have been filed but have not been processed) within five years from the date of trademark registration or enterprise name registration, but registration in bad faith or malicious registration is not subject to this restriction.

In the procedure of handling disputes between trademarks and enterprise names, according to the provisions of Opinions on Solving Several Problems in Trademarks and Enterprise Names:

If the disputes occur in the same provincial administrative region, they shall be handled by the provincial administration for industry and commerce; Cross-provincial administrative regions shall be handled by the State Administration for Industry and Commerce.

the case for the protection of the exclusive right to use a trademark shall be undertaken by the enterprise registration department of the administration for industry and commerce at or above the provincial level; Where the name of an enterprise should be changed, the undertaking department shall, jointly with the trademark administration department, handle it according to the relevant provisions on the management of enterprise name registration, submit it to the enterprise name approval authority for implementation, and report it to the Trademark Office of the State Administration for Industry and Commerce and the Enterprise Registration Bureau for the record.

the trademark administration department of the administration for industry and commerce at or above the provincial level shall undertake the cases that require the protection of the enterprise's name right; Where a registered trademark should be revoked, the undertaking department shall put forward opinions and report to the Trademark Office of the State Administration for Industry and Commerce for decision, and the Trademark Office of the State Administration for Industry and Commerce shall, jointly with the Enterprise Registration Bureau, handle it according to the relevant provisions of the Trademark Law and the Detailed Rules for the Implementation of the Trademark Law.

if a trademark is used in violation of the relevant provisions on trademark management and enterprise name registration, or the enterprise name is confused, the competent administrative department for industry and commerce shall investigate and deal with it according to law.