China implements the hierarchical registration system of enterprise names, and the administrative departments for industry and commerce at or above the county level have the right to approve the registered enterprise names, but there is no national online retrieval system, which is limited by the combination of Chinese characters. In practice, the same or similar enterprise names are often registered in different administrative divisions, resulting in conflicts. In the lawsuit caused by the conflict of enterprise names, because both enterprise names have been legally registered and have legal sources, only on the basis of the principle of good faith can we determine whether the parties have intentionally confused or hitchhiked subjectively and objectively, whether it is possible to mislead the public to confirm whether it constitutes unfair competition, and thus whether it violates the right of enterprise name. Anyone who uses the registered enterprise name of another person without authorization or commits other acts that infringe upon the exclusive right to use the enterprise name of another person may request the registration authority where the infringer is located to handle it. The registration authority has the right to order the infringer to stop the infringement, compensate the infringed for the losses, confiscate the illegal income and impose a fine. Anyone who infringes upon the exclusive right to use another person's enterprise name may also directly bring a suit in a people's court.
Trademark is a special legal term.
Trademark is a sign used to identify and distinguish the source of goods or services. Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can apply for registration as a trademark.
A brand or a part of a brand is called a "trademark" after it is registered by the relevant government departments according to law. Trademarks are protected by law, and registrants enjoy exclusive rights. Famous trademarks in the international market are often registered in many countries. There are "registered trademarks" and "unregistered trademarks" in China. Registered trademarks are trademarks protected by law after being registered by relevant government departments, while unregistered trademarks are not protected by trademark law.
Article 61 of the Trademark Law of People's Republic of China (PRC) * * * The administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use a registered trademark according to law; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.