Trademarks are regulated by the Trademark Law, and the names of enterprises with business licenses are regulated by the Regulations on the Administration of Enterprise Name Registration, and their protection goes hand in hand. Therefore, after the service trademark is registered, the same enterprise name that has been used by other enterprises in the same industry before can still be used. At the same time, after the service trademark is registered and approved by the industrial and commercial department as the font size in the enterprise name, the enterprise can also use the same characters. Trademark exclusive right and enterprise name are two different rights, which are regulated by different laws and regulations. Therefore, the name of an enterprise approved by the industrial and commercial department, even if the font size in the name is the same as that of others, will not constitute trademark infringement. Because, for the enterprise name registration behavior, the registration behavior is not a trademark use behavior stipulated in the Trademark Law, so the behavior itself does not constitute an infringement of the exclusive right to use a registered trademark. However, if another person's trademark is a well-known trademark, or the name of an enterprise uses the same font size as another person's registered trademark irregularly, which will confuse consumers with the source of goods or services. In this case, the use will be suspected of trademark infringement or unfair competition. A trademark is a symbol of products and brands, and a business license is something that a company needs to handle in its business process. If you don't handle it, you are operating without a license. A company may have no trademark, but it cannot have a business license. Article 25 of the Trademark Law Where an applicant for trademark registration files an application for trademark registration in China for the same commodity and the same trademark within six months from the date of the first application for trademark registration in a foreign country, he may enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. Where priority is claimed 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 application for trademark registration shall be submitted within three months; Failing to submit a written statement or a copy of the trademark registration application documents within the time limit shall be deemed as not claiming priority.
Legal objectivity:
Measures for the administration of registration of individual industrial and commercial households
Article 24
The business license of individual industrial and commercial households (hereinafter referred to as the business license) is divided into an original and a copy, which specify the name of individual industrial and commercial households, the name of operators, the form of composition, the place of business, the scope of business, the date and number of registration, the issuing authority and the issuing time, etc. The original and the copy have the same legal effect.
Measures for the administration of registration of individual industrial and commercial households
Article 25
The original business license shall be placed in a prominent position in the business premises of individual industrial and commercial households.
Measures for the administration of registration of individual industrial and commercial households
Article 26
Where the change of registration of individual industrial and commercial households involves matters specified in the business license, the registration authority shall renew the business license.