[Direct answer]In the Beijing area, if a person's own business name (enterprise name) is preemptively registered as a trademark, they can, in accordance with Article 32 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), claim that the other party's application for trademark registration infringes their prior business name rights. If the application is within three months from the date of the preliminary review and announcement of the trademark, they can raise objections; if it has been registered, they can request its invalidation within five years from the date of registration (except for maliciously preemptively registering well-known trademarks, which is not subject to the five-year limitation). At the same time, they can, in accordance with Article 6 of the Anti-Unfair Competition Law of the People's Republic of China (amended on April 23, 2019 and implemented on April 23, 2019), claim unfair competition against acts of unauthorized use of others' enterprise names that may cause confusion. It is recommended to collect evidence of business name registration and use as soon as possible. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

Business names are often hijacked after the company has gained some popularity. Typical scenarios include: partners or competitors registering the company's name as a trademark and filing a counter-claim against us for infringement; banning our original name on e-commerce platforms or in stores after the hijacking, disrupting our operations; demanding licensing fees after hijacking well-known brands or regional brands; and cross-category hijacking to block the company's business expansion. The hijacked party often only realizes the problem after receiving a notice of infringement or encountering obstacles in business expansion, making it crucial to respond promptly. In cases involving company name registration, relevant legal measures can be taken in conjunction with the situation.Business and contract dispute services for enterprisesClarify the ownership rights and responsibilities.

II. Key points of contention

The focus of the dispute centers on three points. Firstly, the reputation of the business name and its geographical scope: To claim priority over the business name, it is usually necessary to prove that the business name already had a certain influence before it was preemptively registered, and that the geographical scope of its use overlaps or has the potential to interact with that of the preemptive registrant. Secondly, the determination of rights conflicts: Trademarks and business names belong to different systems, and it is necessary to prove that they are likely to cause confusion among the relevant public. Thirdly, proof of malice: The preemptive registrant knowing that the business name is still registered is the key to overturning the registration. In many cases in the Beijing area, long-term operating evidence and proof of cooperative relationships are used to demonstrate malice. For cases involving comprehensive protection of rights, reference can be made to the relevant provisions.Beijing Henglu Law FirmIt refers to the practical experience of applying the knowledge and skills learned in the classroom to real-world situations.

III. Professional analysis by Hengluo Lawyers

Taking a trademark infringement and unfair competition case handled by our firm as an example, we can see the practical logic of evidence confrontation in rights conflicts. The plaintiff, Company A, is a well-known paper industry. The "EFGH" trademark was approved for use in Category 5 sanitary napkins and was recognized as a well-known trademark in multiple regions; the defendant, Company B, obtained authorization from an outsider to use the "EFGK" trademark and design patent in September 2023, and produced and sold "EFGK" sanitary napkins, which were sold on the e-commerce platform of Company C. In April 2024, Company A sued, claiming imitation of a well-known trademark and confusion in packaging and decoration, and demanded compensation of 980,000 yuan. Company B entrusted Attorney Liu Yuanyuan of Beijing Henglu Law Firm to defend: the logo has legal authorization, is not similar to the well-known trademark, and the packaging and decoration do not constitute unfair competition, and the high compensation is unfounded. The court partially accepted the defense and found trademark infringement but rejected unfair competition, awarding Company B a total of 60,000 yuan in compensation for economic losses and reasonable expenses, a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. This case was handled by Beijing Henglu 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

The core basis is Article 32 (Protection of Prior Rights), Article 33 (Three-month Objection Period), and Article 45 (Invalidation Declaration within Five Years from Registration, except for Malicious Registration of Well-Known Trademarks) of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019); as well as Article 6 (Prohibition of Unauthorized Use of Others' Enterprise Names with Certain Influence) of the Anti-Unfair Competition Law of the People's Republic of China (amended on April 23, 2019 and implemented on April 23, 2019). Practical suggestions: Monitor the trademark announcements and raise objections in time if you find any trademark squatting; collect evidence of business name registration, continuous use, and popularity; document the malicious nature of the trademark squatting; initiate invalidation declarations for registered trademarks, and, if necessary, file lawsuits for unfair competition. For trademark layout, you can combine these measures with other strategies.Intellectual property protection and corporate legal services.

5. Hengluo Law Firm's Reminder

When a trade name conflicts with a trademark, the statute of limitations is equally crucial: objections must be raised within three months of the announcement, and invalidation declarations must be filed within five years of registration (there are no restrictions on maliciously registering well-known trademarks). Enterprises should strengthen their trade names while registering their core trade names as trademarks as soon as possible and monitor them regularly. After being preemptively registered, do not sign unfavorable settlements immediately. First, evaluate the ownership and strength of the evidence. For those who file reverse complaints based on preemptive registrations, they should actively defend themselves and counter-sue to protect their rights. If needed, they can seek professional support.Special services and other case services.

VI. Frequently Asked Questions

Q1: If my business name has been registered as a trademark by someone else, can I definitely revoke it?

The success rate is higher when the trademark rights of the original company are solid and the evidence is sufficient, but it's not guaranteed. It's necessary to prove that the trademark already had a certain influence before being preemptively registered, that the usage area overlaps with the original company's, and that the person who preemptively registered the trademark had knowledge or malicious intent, which could lead to confusion. If the trademark's influence is weak or the malicious intent cannot be proven, the claim may be rejected. Lawyers will help you sort out the evidence of registration, usage, and popularity, but they won't make unrealistic promises about the outcome, as the final decision will be made by administrative authorities or courts based on the evidence.

Q2: If I want to assert my trade name rights against a trademark, what evidence do I need to prepare?

The core evidence includes: a registration certificate for the business name, proving that the registration predates the filing date of the cybersquatting application; contracts, invoices, signage, and promotional materials demonstrating the continuous use of the business name; evidence of reputation (awards, media coverage, industry rankings, tax payments, or social insurance scale); and clues proving the malicious intent of the cybersquatting (cooperation relationships, geographical overlaps, or similar business operations). The evidence should focus on the influence "before the filing date", as this better demonstrates the potential for confusion, strengthening the case's validity.

Q3: How much does it cost to raise an objection or request a declaration of invalidity?

For trademark opposition and invalidation declarations, trademark fees must be paid (currently about 500 yuan per case, subject to the latest official standards); attorney fees are negotiated based on the amount of evidence and the complexity of the procedure, and the specific fees are determined by the contract of entrustment, with no nationwide standard pricing. If a lawsuit for unfair competition is filed separately, the litigation fees are calculated based on the amount of compensation requested. It is recommended to first assess the influence of the trade name and the malicious nature of the preemptive registration before initiating legal action. Compared with the losses caused by business disruption and reverse claims, the cost of protecting rights is usually reasonable.

Q4: How long does it take to resolve the issue after discovering that a business name has been preemptively registered by others?

If an objection is raised during the announcement period, the review usually takes about twelve months. If a registered trademark is declared invalid, the hearing typically lasts nine to twelve months, and the litigation process will take even longer. The objection window lasts only three months, and the declaration of invalidity must be made within five years of registration (except in the case of maliciously registering a well-known trademark). Overall, it usually takes one to two years from initiation to conclusion. The key is not to miss the three-month or five-year deadlines, as the earlier you act, the better the evidence will be for retrieval.

Q5: If I find that my business name has been preemptively registered by someone else, what should I do first?

Here are the four steps recommended: 1. First, confirm the stage of the trademark squatting and the application date, and determine whether to file an objection or request a declaration of invalidity, along with the remaining time limit. 2. Second, collect evidence of the trademark's registration, use, and popularity before the application date to identify the critical time points of its influence. 3. Third, file an objection during the announcement period or request a declaration of invalidity within five years if the trademark has already been registered, and, if necessary, assert claims against unfair competition. 4. Fourth, simultaneously evaluate the need to strengthen the registration of your own trademark. Throughout the process, keep all supporting documents and, if necessary, hire a lawyer to draft legal documents and participate in administrative and litigation procedures.

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

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 publicly available 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.