First of all, let's understand what a trademark does.
1) Identification function to ensure the provenance of the goods or services containing the trademark;
2) Quality assurance function to ensure the stability and predictability of the quality of goods or services containing the same trademark;
3) Advertising function, the advertising information of the merchant often contains trademark information, and the trademark becomes the carrier of the business information. Trademark registrants are protected by ensuring that they have the exclusive right to identify goods or services**, or to license others to use them for remuneration.
The exclusive right to use a trademark is protected by trademark laws and regulations, while the right to an enterprise name is protected by the laws and regulations governing the registration and management of enterprise names.
The acquisition of the exclusive right to use a trademark and the right to an enterprise name shall follow the principle of good faith in the General Principles of the Civil Law and the Anti-Unfair Competition Law, and shall not use the reputation of another person's trademark or enterprise name to engage in unfair competition and other infringements.
A trademark is composed of words, graphics or other combinations, and is a sign that distinguishes different goods or services**; The name of an enterprise is composed of administrative divisions, trade names, industry or business characteristics, and organizational forms, which is a sign to distinguish different market entities and the main signs to distinguish different enterprises.
Where the words in the trademark are the same or similar to the trade name in the enterprise name, causing others to confuse the market entity and its goods or services, thus constituting unfair competition, it shall be stopped in accordance with law.
In dealing with the confusion between trademarks and enterprise names, the principles of safeguarding fair competition and protecting the interests of prior legitimate rights holders should be followed.
In handling cases of confusion between a trademark and an enterprise name, the following conditions shall be met: (1) the confusion between the trademark and the enterprise name harms the lawful rights and interests of the prior right holder; (2) The trademark has been registered and the enterprise name has been registered; (3) Where a request is made within five years from the date of registration of the trademark or the date of registration of the enterprise name (including those that have been made but have not yet been processed), except for [bad faith registration] or [bad faith registration], [this restriction shall not apply].
If the trademark registrant or enterprise name owner believes that his or her rights and interests have been infringed, he or she may file a complaint in writing with the State Administration for Industry and Commerce or the provincial administration for industry and commerce, and attach relevant evidence materials for the infringement of his rights and interests.
Handling of trademark confusion cases: if it occurs within the same provincial-level administrative area, it shall be handled by the provincial-level Administration for Industry and Commerce; Where it crosses provincial-level administrative regions, it shall be handled by the State Administration for Industry and Commerce.
Where a trademark or enterprise name is used in violation of the relevant provisions on the administration of trademarks and the registration of enterprise names, confusion shall be caused by the administrative organ for industry and commerce with jurisdiction.
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