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Is the same name infringement in online shopping malls and physical shopping malls?

Hello, using the same name as a physical mall for online business activities should strictly speaking be an infringement. However, if it does not infringe trademark rights, it is another matter.

The protection of trademarks in my country’s Trademark Law should be said to be limited to the protection of registered trademarks, and registered trademarks include four categories: commodity trademarks, service trademarks, collective trademarks, and certification marks. If the name of the mall is indeed a registered trademark, using the trademark without the permission of the registered trademark owner is likely to constitute trademark infringement, but it will still need to be determined by the administrative law enforcement or judicial authorities.

If the name of the mall is not registered, then the mall has the right to its corporate name. Article 99 of my country's "General Principles of Civil Law" stipulates that "Legal persons, individual industrial and commercial households, and individual partnerships have the right to name. Enterprise legal persons, individual industrial and commercial households, and individual partnerships have the right to use and transfer their own names in accordance with the law." The name has the right to exclude illegal interference from others. Articles 3 and 29 of the "Enterprise Name Registration Management Regulations" stipulate that an enterprise name will have exclusive effect only after it has been registered through legal procedures. Otherwise, it will not have legal effect against third parties. Once the name is registered, using the name without the permission of the business may still involve civil infringement.

Of course, my country's Anti-Unfair Competition Law also protects company names. The same applies to free-riding behavior, that is, changing one or two words, but it is enough to cause misunderstanding or misunderstanding among consumers. is not allowed.

However, in reality, the online protection of registered trademarks and corporate names is not yet complete, and there are no strict registration and approval procedures for online mall or store names. Even if you use someone else's registered trademark or company name, the possibility of being held civilly liable is not very high. However, I still don't recommend you do this, because after all, you have to bear certain risks.