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Company name infringes trademark rights

Legal subjectivity:

1. What are the penalties for company name infringement? According to the provisions of Article 27 of the "Regulations on the Registration and Management of Enterprise Names", unauthorized use of another person's registered enterprise name or If there is any other infringement of the exclusive right to use the company name of another person, the infringed party may request the infringement authority to handle the matter. The registration authority has the power to order the infringer to stop the infringement, compensate the infringer for the losses suffered due to the infringement, and confiscate the infringement. Illegal gains shall be subject to a fine of not less than 5,000 yuan but not more than 50,000 yuan. For those who infringe upon the exclusive right to use the business name of another person, the infringed party may also directly bring a lawsuit to the People's Court. 2. What are the acts that infringe the company name? 1. Illegal interference with the right to set the company name. An enterprise has the independent right to set its name. As long as the enterprise sets its own name in accordance with the requirements of the "Enterprise Name Registration Management Regulations", as long as the name complies with the principle of authenticity and does not violate relevant national laws and regulations, Others are not allowed to interfere illegally. 2. Illegal interference with the enterprise’s right to change its name. An enterprise has the right to change its name rights in accordance with the law. As long as it does not violate the relevant prohibitive provisions of the state on the establishment of enterprise name rights and does not infringe on the legitimate rights and interests of a third party, others are not allowed to illegally interfere. 3. Illegal interference with the enterprise’s right to use its name. This mainly includes two situations: (1) Illegal use of other people’s business names. The right to use a company name is an exclusive right to use it. Except for the company itself, other companies may not use the name without the permission of the right holder, otherwise it will constitute infringement. The two most common types of illegal use of other people's business name rights are fraudulent use of other people's business names and misappropriation of other people's business names. (2) Do not use other people’s business names. After a business name is transferred in part or in whole, the transferee shall use the name of another person in the manner and within the time limit stipulated in the contract. Failure to use the name when it should be used is also an infringement of the right of another person's business name. 4. Illegal interference in the transfer of name rights of enterprises. As a kind of property right, the enterprise name right is transferable. According to Article 23 of the "Enterprise Name Management Regulations", "the enterprise name is transferred together with the enterprise or part of the enterprise, and the enterprise name can only be transferred to one enterprise. The transferor and the transferee of the enterprise name shall sign a written contract or agreement , report to the original registration authority for approval. After the enterprise name is transferred, the transferor shall not continue to use the transferred enterprise name. "3. Limitation of Litigation for Company Name Infringement "Article 188 of the People's Republic of China and the Civil Code. The statute of limitations and maximum rights protection period are three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated from the date when the right holder knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder. Legal objectivity:

"Provisions on the Registration and Management of Enterprise Names"

Article 23

The use of enterprise names shall comply with laws and regulations, be honest and trustworthy, and shall not harm others Legitimate interests.

If the people's court or the enterprise registration authority determines that the use of the enterprise name should be stopped in accordance with the law, the enterprise shall register the change of enterprise name within 30 days from the date of receipt of the effective legal document from the people's court or the decision of the enterprise registration authority. . Before the name is changed, the enterprise registration authority shall replace the name with the unified social credit code. If an enterprise fails to complete the change registration within the time limit, the enterprise registration authority will include it in the list of abnormal operations;

After completing the change registration, the enterprise registration authority will remove it from the list of abnormal operations.