When there is a conflict between trademark rights and corporate name rights, how should the applicant deal with it? Bajie Intellectual Property Trademark Network will explain this issue carefully today and how we should take corresponding measures.

“The registration authority has the right to correct the improper enterprise name registered by the registration authority at the higher level, and the registration authority at the lower level has the right to correct the inappropriate enterprise name registered by the lower registration authority. Article 9 “Enterprise names shall not contain the following Content and text: (1) Harm the interests of the state and the public; (2) May cause deception or misunderstanding to the public; "The regulations clearly point out that if the registered enterprise name may cause deception or misunderstanding to the public, the registration supervisor shall The agency can make corrections.

How to resolve the conflict between trademark rights and corporate name rights?

Registered trademarks violate Articles 10, 11 and 12 of this Law. If a registered trademark is registered by deceptive or other unfair means, the Trademark Office shall revoke the registered trademark, and other entities or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.

The following acts fall under the "Trademarks Acts of obtaining registration by deception or other improper means as specified in Paragraph 1 of Article 41 of the Law: (1) Fabricating or concealing facts or forging registration applications and related documents;

(2) Infringing on other people’s legitimate prior registration rights;

(3) Obtaining registration through other improper means, including infringing on other people’s legitimate prior rights. In order to infringe on the legitimate previously registered business name rights of others, others may apply to the Trademark Office or the Trademark Review and Adjudication Board to cancel the registered trademark.