Legal subjectivity:
The approved company name enjoys name rights, and there is no infringement with the same name as the trademark. Article 2 of the "Implementation Measures for the Administration of Enterprise Name Registration" These Measures apply to the names of enterprise legal persons and enterprises without legal person qualifications registered by the industrial and commercial administrative authorities. Article 3 An enterprise shall choose its own name in accordance with the law and apply for registration. An enterprise enjoys the right to its name from the date of its establishment.
Extended information: If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks: 1. There must be an illegal act, that is, the perpetrator has carried out the act of selling goods with counterfeit registered trademarks. Behavior; 2. There must be a fact of damage, that is, the behavior of selling counterfeit trademarked goods by the perpetrator has caused damage to the trademark owner. Selling goods that are counterfeiting someone else’s registered trademark will cause serious property losses to the right 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 cause-and-effect relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner. Legal objectivity:
Article 57 of the Trademark Law: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Using the same product on the same product without the permission of the trademark registrant Using a trademark that is the same as its registered trademark; (2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which may easily lead to Confusing; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; (5) Replacing trademarks without the consent of the trademark registrant Registers a trademark and puts the goods with the replaced trademark into the market; (6) Deliberately provides facilities for infringement of the exclusive rights of others' trademarks and helps others to infringe the exclusive rights of trademarks; (7) Grants the exclusive right of registered trademarks to others causing other damage.