Interpretation Of The Full Name Trademark Registration Of Enterprises

Enterprise names and trademarks are different markings used by enterprises in production and operation, but trademarks are different from the goods or service items of an enterprise or the goods or services of other enterprises, and the names of enterprises are different from the enterprises themselves.

Although there are differences in function between them, they often appear in practice.

The name of the enterprise can be registered as a trademark. There is no explicit provision in the trademark law. There is no prohibition in the Trademark Review and trial standard issued by the Trademark Office of the General Administration of industry and Commerce in 2005.

In the newly revised Trademark Review and trial standard, the full name of the enterprise is

The relevant content has been adjusted. This article tries to discuss the registration of the full name trademark of the enterprise on the adjustment of this content.

There are four examples of the original standard of examination involving the enterprise's full name trademark:

First, when it comes to the applicable standards of the first paragraph (1) of the tenth article of the trademark law, it is stipulated that the trade mark contains the same or similar text with the name of our country, and is judged to be similar to the name of the country in our country, except that it is the name of newspapers, periodicals or magazines or the names of enterprises and institutions registered according to law.

Two, when it comes to the application of the tenth item (two) of the trademark law, the trade mark contains the same or similar text as the name of the foreign country, and is judged to be similar to the name of the foreign country, except that the whole enterprise name is identical with the name of the applicant.

Three, when it comes to the determination of the tenth item (eight) of the trademark law, which is harmful to the socialist moral trend or other harmful effects, the trademark is constituted by the name of the enterprise or contains the name of the enterprise. The name is substantially different from the applicant's name and is easy to cause the public to misunderstand the source of the goods or services.

Four, in the examination of the tenth trademarks and second sections of the trademark law that contain the names of the administrative divisions at or above the county level before the revision, the trade marks shall be made up of the names of the administrative divisions at or above the county level, or the names of the administrative divisions at or above the county level, and shall be judged to be the same as those of the administrative divisions above the county level.

Except for its full name as a trademark.

From the above content, we can see that according to the original standards of examination, enterprises can use their full name as trademark registration.

In the review, there are two main categories of trademarks.

The first category is that trademarks consist only of the full text of the enterprise. For example, the second category is the combination of trademarks and other constituent elements. For example, according to the original standards of examination, in the practice of trademark review, there are two main aspects in the examination of trademarks, including the full name of enterprises, the first is the examination of the prior rights in the names of enterprises with the names of trade names in the names of enterprises (generally known as approximate ones with the prior words); and two, the full name of the enterprise names in trademarks should be exactly the same as those of the applicants.

However, whether the full name of an enterprise can be registered as a trademark has always been debated in the examination, appraisal and judicial practice. There is a view that the enterprise's full name should not be registered as a trademark.

The following two aspects are mainly considered:

First, only the full name or significant part of the enterprise is only the full name of the enterprise, and does not have the salient features of the trademark.

The salient feature of a trademark is that the trademark logo itself has the distinguishing function of distinguishing the source of goods or services, so that the relevant public can establish a stable connection between goods or services and specific sources through the trademark logo, so that consumers realize that the goods or services used by the trademark come from the same provider, but it does not indicate specific providers.

The name of an enterprise refers to a specific business entity.

Generally speaking, consumers identify the source of goods by trade mark instead of enterprise name, so in principle, the name of enterprise is not significant.

Unless it proves that the name of the enterprise is used as a trademark, the general consumer will use it as a source of the indication.

Second, when a business name is registered as a trademark, it will lead to consumers' misidentification of the source of goods after the occurrence of trademark licensing, pfer and registration of person's name change.

Trademark right only has the characteristics of property right, not personal, and the enterprise name has personal attributes, so it is closely related to the company entity and has strong dependence.

If an enterprise registers it as a trademark, it will bring some problems in subsequent management.

According to the regulations on the registration of enterprise names, the enterprise can not lend the name of an enterprise, and the enterprise name is pferred with a part of the enterprise or enterprise, that is, the enterprise name and the enterprise have an inseparability. In accordance with the trademark law, the trademark owner can license the trademark to others for use or pfer. If the trademark containing the enterprise name is licensed or pferred, it will break through the relevant regulations on the registration management of the enterprise name in disguise, and at the same time, there will be a problem of the inconsistency between the enterprise name and the registered trademark owner in the registered trademark, which will cause consumers to misunderstand the source of the goods.

Because of these problems, there are different conclusions about the registration of enterprise names and trademarks in different procedures in practice.

For example, 11448305th trademark refute reply.

The Shanghai Lian Ya Cci Capital Ltd filed a trademark registration application with the Trademark Office on 5 September 2012, specifying the use of thirty-sixth types of capital investment, investment in the fund, financial estimation and other service items. The Trademark Office rejected the trademark registration application on the basis of the trademark, which is similar to that of the 4240144th registered trademark "Ya Lian" which was first registered.

The post business jury changed the applicable legal provisions in the retrial of the trial. It was considered that the trademark lacked the significance of the trademark as a whole, and the trademark was rejected by article eleventh, paragraph 1 (three) of the trademark law.

Later, Shanghai Lian Ya Cci Capital Ltd took the case to the court.

According to the Beijing intellectual property court, the application trademark is exactly the same as the applicant's enterprise name. Only some of the differences between Chinese characters and simplified Chinese characters are used. It is difficult for the public to identify it as a trademark, so it can not play the role of trademark recognition.

The final judgment of the higher people's Court of Beijing considers that a mark made of a text can be registered as an enterprise name in accordance with the provisions of the enterprise name management, but it is not necessarily registered as a trademark. Whether the enterprise name can be registered as a trademark depends on whether it has trademark characteristics and significance, whether it is convenient for consumers to specify the use of goods and other commodities, instead of merely identifying the significance of the trademark by the recognition of the enterprise name.

"Lian Ya" has its trademark recognition and significance for its trade name.

The court of original trial and the quotient judge that the application of the trademark is in violation of "

Article eleventh, paragraph 1 (three), is wrong.

From this case, we can see that the Trademark Office, the business jury and the court hold different views on whether the trademark constituted solely by the full name of the enterprise is significant.

Based on this, in the revision of this review standard, such trademark is no longer an example, only in the application standard of the tenth Clause 1 (seven), "the administrative division or geographical name, brand name, trade or business characteristics of the enterprise name, which does not conform to the name of the applicant, is determined to be a substantive difference with the applicant's name".

The sample trademark is composed of the full name of the enterprise and other distinguished parts.

Trademarks and enterprise names belong to different laws and regulations, and they also have different functions.

After registration, the registration authority has the right to exclude others from registering the same or similar business names in the same industry, while the registered trademarks enjoy exclusive exclusive rights throughout the country.

In practice, there are a lot of famous brand names and trade names registered by other people as name brands and free riders. Therefore, many enterprises seek stronger legal protection by registering the full name of enterprises as trademarks.

The registration of the full name of the enterprise should be further studied and discussed.

However, from the perspective of examination, appraisal and judicial practice, it is almost the consensus that only the constituent or significant part of the enterprise is only the full name of the enterprise.

It remains to be clarified whether the trademark, which is composed of the full name of the enterprise and the other significant parts, should not be registered because of the problem of misrecognition after pfer or alteration.

Therefore, enterprises applying for registration of such trademarks will face greater uncertainty in the registration process.

It is suggested that enterprises should avoid using the full name of an enterprise when applying for a registered trademark, and register the trade name as a trademark so as to realize the intention of protection.

It is also suggested that the relevant laws and regulations should be perfected to solve the conflict of rights between enterprise names and registered trademarks more effectively, so as to better stop the phenomenon of "naming famous brands".

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