Using other people’s trademarks without consent is considered infringement
1. The approved company name enjoys name rights, and there is no infringement if it has the same name as the trademark. However, unapproved company names may cause infringement.
2. Although there is no infringement between an approved company and a trademark with the same name, the illegal use of the trademark in violation of Article 57 of the Trademark Law constitutes infringement.
Article 2 of the "Implementation Measures for Enterprise Name Registration and Management" 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: Enterprises shall choose their own names in accordance with the law and apply for registration. An enterprise enjoys the right to its name from the date of its establishment.
Article 57 of the "Trademark Law of the People's Republic of China" commits any of the following acts, which shall constitute an infringement of the exclusive right to use a registered trademark:
(1) Without authorization Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Using a trademark similar to the registered trademark on the same product without the permission of the trademark registrant , or using a trademark that is identical or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) ) Counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling counterfeit or unauthorized registered trademarks;
(5) Without the consent of the trademark registrant, replacing the registered trademark and replacing the goods with the replaced trademark Put into the market;
(6) Deliberately providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
(7) Registration for others The exclusive right to use the trademark causes other damage.