[Direct answer]In the Beijing area, it is necessary to distinguish between the time of registration and use, and choose different approaches. If others use registered trademarks or unregistered well-known trademarks as trade names in enterprise names to mislead the public, in accordance with Article 58 of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019), it constitutes an act of unfair competition, and shall be dealt with in accordance with the Anti-Unfair Competition Law. The rights holder may request the other party to stop using the name, change the enterprise name, and compensate for the losses. If the other party's trademark application is later, while the own trade name is used first and has already gained certain influence, the rights holder may raise objections to the disputed trademark or request its invalidation in accordance with Article 32 of the Trademark Law; and may also claim the defense of prior use when sued for infringement. If the trade name is registered first and the other party's trademark is later registered maliciously, it can also be resolved through procedures such as invalidation. In practice, the key points of judgment include whether the use precedes the registration, whether it has certain influence, whether it is likely to cause confusion among the relevant public, and whether there is an intent to free ride or piggyback on others' reputation. These usually need to be determined based on comprehensive evidence such as the time of use, the geographical scope, advertising investment, and revenue.

I. Problem Background and Typical Scenarios

The name of an enterprise consists of an administrative division, a trade name, an industry, and an organizational form, with the trade name being the core identifying element. A trademark is used to distinguish the source of goods or services. The two belong to different registration and licensing systems, and "name clashes" are very common in practice. Some enterprises register a trademark first, only to find that a company in the same industry has registered the same trade name; others have been using a certain trade name for a long time and have accumulated goodwill, only to discover that someone else has preemptively registered the same trademark. When handling such cases in the Beijing area, the court will review the chronological order of use by both parties, the time and scope of the establishment of their reputation, whether there is confusion, and their subjective intentions, in order to determine whether it constitutes trademark infringement or unfair competition. Understanding the applicable conditions of different approaches can help enterprises choose the most effective solution.

II. Key points of contention

First, how to determine the priority of rights when the font conflicts with a trademark. Second, whether using others' trademarks as fonts constitutes unfair competition. Third, the applicable conditions and restrictions of the defense of prior use. Fourth, whether it is possible to raise objections to or declare the subsequent trademark invalid. Fifth, the specific methods of ceasing to use the font, changing the font, and compensating for losses.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm believes that the approach to handling conflicts between trade names and trademarks can be drawn from a trademark infringement and unfair competition dispute we handled. In this case, the plaintiff was a well-known domestic paper industry enterprise, and its trademark was recognized as a well-known trademark by courts and administrative authorities in multiple regions. The defendant obtained authorization from a third party to use another similar trademark and produced and sold related products. The plaintiff requested the defendant to stop the infringement and claimed 980,000 yuan in compensation. Attorney Liu Yuanyuan of our firm represented the defendant in defense, organizing arguments based on differences in logos, packaging and decorations not constituting commercially influential marks, and the minor infringement. She pointed out that the defendant's authorization period was short, production volume was low, pricing was low, and the products had already been discontinued, so the high compensation claim lacked basis. The court partially accepted the attorney's arguments, finding that the defendant's logo constituted imitation and trademark infringement, but dismissed the claim of unfair competition and set the compensation at 60,000 yuan, which was 920,000 yuan lower than the original claim. This case reminds us that in handling conflicts between trade names and trademarks, we should first accurately grasp the basis of rights and the order of use, secondly, focus on providing evidence of potential confusion and subjective intent, and thirdly, fully explain the business scale and infringement circumstances in compensation claims or defenses to avoid overly high or low expectations. Whether as the right holder or the defendant, the organization of evidence directly determines the outcome. Specific determinations must be based on the facts of the case and current effective laws and regulations. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, sort out the time of trademark registration and business name registration, as well as the use evidence and popularity materials of both parties; Second, check whether it is easy to cause confusion among the relevant public, and save the evidence of sales, promotion, and customer feedback; Third, the right holders can claim to stop the use, change the business name, and claim compensation through objection, invalidation declaration, administrative complaint, or litigation; Fourth, the defendant should evaluate the feasibility of the prior use defense and the legitimate source defense; Fifth, if the enterprise name changes, timely handle the registration change and adjust the promotional logos. For issues involving intellectual property and corporate compliance, you can refer to the relevant provisions.Intellectual property and corporate legal advisorsAndBusiness and contract disputes in enterprisesLegal basis: Articles 32, 58, and 59 of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019), and the provisions on deceptive acts in the Anti-Unfair Competition Law of the People's Republic of China. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the evidence of prior use and popularity is crucial in determining the ownership of rights, and it should be secured as early as possible. Secondly, using others' trademarks as brand names may constitute unfair competition, which carries high risks. Thirdly, the defense of prior use has strict conditions and needs to be applied with caution. Fourthly, claims for compensation and cessation of use must be based on evidence to avoid excessive claims. For matters involving intellectual property and corporate compliance, you can seek assistance through legal channels.Intellectual property and corporate legal advisorsWe provide a comprehensive solution for services, which includes the integration of contracts and business collaborations.Business and contract disputes in enterprisesFor matters involving compensation and enforcement, you can refer to the following for more information.Creditor's rights and debts, and enforcementYou can consult us regarding the fixation of evidence and document servicesSpecial services.

VI. Frequently Asked Questions

Q1: What should I do if my company's trade name conflicts with someone else's trademark?

It is necessary to first distinguish the chronological order of registration and use. If the other party uses the registered trademark as a trade name to mislead the public, you can claim unfair competition and demand that they stop using it, change their company name, and compensate you. If your own trade name was used first and has gained some influence, you can raise objections to the later trademark or request its invalidation, and if necessary, assert the defense of prior use.

Q2: Which takes priority, the trademark or the company name?

There is no absolute priority order. The key factors are the chronological order of use and registration, the time of establishing popularity, and whether it is likely to cause confusion. Generally, protection is given to the party who registered the right first, but the party who used the right first must meet certain conditions, such as having a certain degree of influence, and pay attention to time limits such as five years. The specific situation should be judged based on the evidence.

Q3: Can I register someone else's trademark as a company's brand name?

The risk is relatively high. Using others' registered trademarks or unregistered well-known trademarks as brand names in a company's name to mislead the public may constitute unfair competition. Even if the registration authority approves the name, it cannot oppose the claims of the prior trademark holders, and the company may be required to change the brand name and compensate for the losses.

Q4: How to defend against a lawsuit for trademark infringement?

You can consider using defenses such as the defense of prior use, the defense that does not constitute confusion, the defense of legitimate source, and the defense that the other party's rights are unstable, and organize evidence around the use time, the formation of popularity, and the sales region and customer group. At the same time, you should evaluate the feasibility of changing the trademark or reaching a settlement to reduce the risk of continued operation.

Q5: What evidence do we need to collect?

It is recommended to collect the trademark registration certificate and renewal certificate, trade name registration materials, evidence of use time (contracts, invoices, advertising placement, media reports), sales and revenue data, customer and market feedback, and records of confusion or complaints, etc., in order to prove the ownership of rights, popularity, and the possibility of confusion.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.