The approved company name enjoys name rights, and there is no infringement if it has the same name as the trademark.

According to the provisions of Article 2 of the "Implementation Measures for the Registration and Management of Enterprise Names", these Measures apply to the names of enterprise legal persons registered with the industrial and commercial administrative authorities and enterprises without legal person qualifications. Article 3 stipulates that enterprises shall choose their own names in accordance with the law and apply for registration. An enterprise enjoys the right to its name from the date of its establishment.

Generally speaking, if the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks: 1. There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods; 2. There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage. 3. The offender is subjectively at fault, which means that the offender already knew or should have known that the goods sold were goods with counterfeit registered trademarks. 4． There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.

Therefore, if the company name has the same name as the trademark, it may not be considered an infringement.

Legal Basis

Article 2 of the "Implementation Measures for the Registration and Management of Enterprise Names" These Measures apply to the names of enterprise legal persons registered by the industrial and commercial administrative authorities and enterprises without legal person qualifications.