[Direct answer]In the Beijing area, you can safeguard your rights simultaneously through three channels: administrative, civil, and platform. First, confirm the basis of rights: After registration, a company name is protected by law and enjoys certain market popularity. If the company name is well-known to the relevant public, it may also be protected by the Anti-Unfair Competition Law as a company name with certain influence. If a trademark has been registered at the same time, you can also assert trademark rights. Second, through administrative channels: File a complaint or report with the market supervision and management department to report the other party's unauthorized use of a name identical or similar to a well-known company name, causing confusion. Third, through civil channels: In accordance with the provisions of the Civil Code of the People's Republic of China (implemented on January 1, 2021) and the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019), file a lawsuit with the people's court to request the other party to stop using the name, change the name, compensate for losses, and eliminate the impact; if it constitutes trademark infringement, you can also assert rights in accordance with the Trademark Law. Fourth, through platform channels: For e-commerce stores, social accounts, and search promotion, you can file a complaint with the platform to request the removal of the content, name change, or suspension of promotion. The key points of safeguarding rights are to prove that the other party's use of the name is sufficient to cause confusion and misidentification among the relevant public, and to demonstrate the popularity of your own name and the actual losses suffered.

I. Problem background and typical scenarios

The enterprise name and trade name are important identification marks for market entities, and their misuse will directly damage business reputation and trading opportunities. There are four typical scenarios: first, others register trade names that are the same or similar to those of well-known enterprises to ride on their goodwill; second, competitors use other enterprises' names in their promotions to mislead customers; third, former employees set up new companies using the original trade names, causing customer confusion; fourth, others use the enterprise's name to conduct business on e-commerce or social platforms. With a large number of market entities in Beijing and intense competition for name resources, enterprises should combine the protection of their names with trademarks to form multiple lines of defense, and respond quickly when infringements are detected.

II. Key points of contention

First, the conditions for the protection of an enterprise's name and trade name, and how to prove its popularity. Second, the standards and evidence for determining confusion and misidentification. Third, the relationship between an enterprise's name right and trademark right, and the choice of claims. Fourth, the connection and differences in effect between administrative complaints and civil litigation. Fifth, the basis for calculating the amount of compensation, including actual losses, infringement profits, and statutory compensation. Sixth, the rules and evidence requirements for platform complaints.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled a case of trademark infringement and unfair competition disputes: the plaintiff, Company A, is a well-known paper industry enterprise, and the "EFGH" trademark enjoys high popularity in sanitary napkin products; the defendant, Company B, obtained authorization from a third party to use the "EFGK" trademark and design patent in September 2023, and produced and sold "EFGK" sanitary napkins, which were sold through the e-commerce channel of Company C. Company A sued in April 2024, claiming that the defendant imitated its well-known trademark and packaging design to cause confusion, and demanded compensation of 980,000 yuan. Company B entrusted Liu Yuanyuan, a lawyer from Beijing Henglue Law Firm, to defend against the allegations, arguing that the logo was legally authorized and not similar, the packaging design did not constitute unfair competition, and the high compensation demand lacked basis. The court partially accepted the lawyer's arguments, finding trademark infringement but rejecting the claim of unfair competition, and determining that Company B should compensate 50,000 yuan for economic losses and 10,000 yuan for reasonable expenses, totaling 60,000 yuan, which was significantly lower than the 980,000 yuan claimed. This case provides valuable lessons for corporate name protection: whether the logo is similar, whether it causes confusion, and whether the compensation is justified all require evidence and legal standards to be demonstrated one by one; the defendant can effectively defend against the allegations of infringement through legal authorization, differences in the logo, and the reasonableness of the compensation for damages. For the rights holders, they should focus on proving the popularity of their own names or trademarks, the confusion caused by the defendant's use of the trademark, and the actual losses in order to achieve favorable results. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. Timely secure evidence of infringement, such as the other party's name, promotional materials, store pages, and transaction records, and notarize them if necessary. 2. Organize evidence of the popularity of your own name, including promotional efforts, media coverage, awards, and cooperation contracts. 3. Simultaneously file complaints and reports with the market supervision and management authorities to request investigations. 4. If necessary, initiate civil litigation to demand cessation of use, name change, compensation for losses, and removal of harmful effects. 5. Report online infringements to the platform to request removal and name change. 6. Pre-register the enterprise's trademark to establish multiple layers of protection. For matters involving intellectual property and corporate operations, please refer to the relevant guidelines.Intellectual Property Protection | Corporate Legal ComplianceThe services involved in contracts and transactions can be referred to for reference.Business and Commerce | Contract DisputesFor plates involving compensation execution, you can refer to the relevant information for reference.Creditor-debtor relations | Enforcement casesPlate. Legal basis: The provisions of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019) on acts of confusion such as unauthorized use of others' enterprise names with certain influence, and the provisions of the Civil Code of the People's Republic of China (effective on January 1, 2021) on the protection of name rights and liability for infringement. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the reputation of the trade name is the basis for claiming protection, so it's necessary to gather evidence in advance. Secondly, confusion may be a key factor, so it's important to collect evidence showing that customers have mistakenly identified the trade name as belonging to another company. Thirdly, administrative complaints and civil litigation can proceed in parallel. Fourthly, registering the trade name as a trademark can provide dual protection. Fifthly, compensation claims must be supported by evidence, and excessive compensation amounts may be reduced by the court. For cases involving the protection of enterprise names, legal action can be taken through the following channels:Intellectual Property Protection | Corporate Legal ComplianceWe provide a comprehensive solution for services, which involves the integration of contracts and business reputationBusiness and Commerce | Contract DisputesFor plates involving the enforcement of compensation payments, you can refer to the relevant provisions.Creditor-debtor relations | Enforcement cases板块。

VI. Frequently Asked Questions

Q1: Can I sue if my company's name is used without authorization?

Yes. If others use a name or trade name that is the same or similar to that of the enterprise, causing confusion and misunderstanding among the relevant public, the enterprise may file a lawsuit in accordance with the "Anti-Unfair Competition Law of the People's Republic of China" (amended in 2019) to request the cessation of use, change of name, compensation for losses, and removal of the impact. If the enterprise also owns a registered trademark, it can also claim trademark infringement at the same time, forming a stronger legal basis for protection.

Q2: How to prove that it caused confusion?

Evidence can be obtained from multiple perspectives, including the client's misidentification and complaint records, misdialed phone calls and incorrectly received orders, confusion between search keywords and traffic, statements in the other party's promotion that exploit the goodwill of the trademark owner, as well as market surveys or appraisal opinions. The essence of confusion is that the relevant public may mistakenly believe that there is a specific connection between the two parties. The more specific and closer the evidence is to the transaction scenario, the more convincing it will be.

Q3: How much compensation can I typically receive?

It shall be determined based on the actual losses and the circumstances of the infringement. The amount of compensation shall generally be determined according to the actual losses suffered by the right holder due to the infringement. If it is difficult to determine the actual losses, the amount of compensation may be determined according to the benefits obtained by the infringer from the infringement. If it is still difficult to determine the amount of compensation, the court shall determine it within the statutory range according to the circumstances of the infringement, and may include the reasonable expenses incurred in stopping the infringement. The specific amount shall be determined by the evidence and the circumstances of the case.

Q4: Are administrative complaints effective?

It's useful and can proceed in parallel with litigation. After filing a complaint or report with the market supervision and management department, the administrative authorities can investigate and deal with acts of confusion in accordance with the law, order the cessation of illegal activities, and the processing speed is sometimes faster than that of litigation. Moreover, the administrative determination results can provide reference value for subsequent civil litigation. Therefore, advancing administrative complaints and civil litigation simultaneously can often create stronger pressure and better results.

Q5: What should I do if the other party has only registered a similar company name but doesn't actually operate it?

You can still assert your rights, but it will be more difficult. If the other party has registered a similar name but has not actually used it or caused confusion, asserting unfair competition may require proving the possibility of confusion or the intent to free-ride. You can file an administrative complaint to request correction or push them to change their name. If their subsequent business operations cause confusion, you should promptly fix the evidence and assert your rights.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

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 current effective laws and regulations and public 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.