[Direct answer]In the Beijing area, individuals can actively assert their rights rather than passively accepting unfair treatment. The enterprise's trade name is protected by the right to name under Article 1013 of the Civil Code of the People's Republic of China, and it can also claim that others have unauthorizedly used an enterprise name with certain influence in accordance with Article 6 of the Anti-Unfair Competition Law of the People's Republic of China. If others register the trade name as a trademark, the enterprise can raise objections within three months from the date of the initial review announcement of the trademark, or request invalidation within five years from the date of registration, claiming that it violates Article 32 of the Trademark Law of the People's Republic of China, which stipulates that it shall not infringe upon prior rights and shall not register in advance by improper means. When the other party, on the contrary, claims that you infringe the trademark, you can also raise the defense of fair use.

1. Problem background and typical scenarios

It is a common intellectual property conflict for small and medium-sized enterprises that their business names are registered as trademarks by competitors. A typical scenario is that a company has been operating for many years and has gained popularity in the industry, but it has never registered a trademark. Competitors then register the same or related names in the same category, send warning letters, complain about the removal of product links, and even file counterclaims against the company. Often, the company is unsure whether it is the right holder or the infringer.

II. Key points of contention

First, whether the prior right can be established. It is necessary to prove that the trademark has been used and gained certain influence before the date of the other party's trademark application, including the establishment time, continuous operation, publicity investment, and media reports. Second, the choice of relief procedures. Objections to the Trademark Office should be raised during the preliminary review announcement period, with a time limit of three months from the date of the announcement; for registered trademarks, requests for invalidation should generally be made within five years from the date of registration. Third, the determination of malicious trademark squatting. Whether the other party knew about it, whether it applied for trademarks in bulk, and whether it sold them at high prices. Fourth, the other party's infringement claims. It can be claimed that it is a legitimate use of the enterprise name.

III. Professional analysis by Henglue Lawyers

In cases of conflicts between trademark rights and enterprise names, whether there is similarity or whether there is parasitic infringement of goodwill is basically consistent with the adjudication logic of trademark infringement cases. In a trademark infringement and unfair competition case handled by Henglue Law Firm, the plaintiff, Company A, is a well-known paper industry enterprise. The "EFGH" trademark was approved for use on sanitary napkins in Category 5 and was recognized as a well-known trademark. The defendant, Company B, used the "EFGK" trademark and design patent authorized by a third party to produce and sell similar products in September 2023. In April 2024, Company A claimed 98,000 yuan for infringement on the grounds of imitating a well-known trademark and causing confusion in packaging and decoration. The lawyers of our firm defended the case from the aspects of legal authorization sources, overall readability differences of the logo, and the short infringement period and small production scale. The court ruled that trademark infringement had occurred and rejected the claim of unfair competition, awarding compensation of 60,000 yuan (50,000 yuan in economic losses plus 10,000 yuan in reasonable expenses), which was 920,000 yuan lower than the original claim of 98,000 yuan. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Articles 32, 33, and 45 of the Trademark Law of the People's Republic of China (adopted on August 23, 1982, amended on April 23, 2019, and implemented on November 1, 2019), an application for a trademark shall not infringe upon the existing prior rights of others; Article 6 of the Anti-Unfair Competition Law of the People's Republic of China (adopted on September 2, 1993 and amended on April 23, 2019) prohibits the unauthorized use of an enterprise name with certain influence; Article 1013 of the Civil Code of the People's Republic of China stipulates that legal persons and non-legal person organizations enjoy the right to name. Suggestions: First, sort out the prior use of the business name and the evidence of its popularity; Second, timely raise objections or apply for invalidation; Third, supplement the trademark registration with your own business name; Fourth, upon receiving a warning letter, first verify the other party's rights status and then determine a strategy. For referenceIntellectual property protection and corporate lawAndBusiness and contract disputes in enterprisesMy experience with this product has been excellent. It's really worth recommending to others.

5. Henglue Law Firm's Reminder

The purpose of registering a trademark in advance is often to force you to give in or transfer it at a high price. The earlier you take action, the more proactive you will be. There are two key time points in the process that you must pay close attention to: the objection period lasts only three months from the date of the preliminary review announcement, and the invalidation declaration period is generally five years from the date of registration. In terms of substantive requirements, you need to prepare all the evidence of popularity, and it is best to register the company name and trademark simultaneously.Beijing Henglu Law FirmTip: When receiving an infringement warning letter, don't rush to compromise or sign a settlement agreement. First, verify the other party's rights basis before deciding on a strategy.

VI. Frequently Asked Questions

Q1: Can I successfully assert my prior rights and revoke the other party's trademark?

If it can be proven that the trademark has been used and gained certain influence before the date of the other party's application, there's a higher chance of winning the objection or invalidation declaration; however, if there's a lack of evidence of use and popularity, the success rate will significantly decrease.

Q2: What evidence do I need to prepare?

The business license and materials showing the establishment time, certificates proving the continuous use of the trade name, records of promotional activities and advertisement placement, sales contracts and invoices, media reports, and evidence of the other party's application and usage of the trade name.

Q3: Approximately how much does it cost to protect one's rights?

The fees for trademark objections and invalidation declarations are charged according to the official fee standards, and the agency fees are negotiated on a per-case basis. For subsequent unfair competition lawsuits, the acceptance fees are paid in stages according to the amount of the claim.

Q4: How long does the entire process take?

The review of objections usually takes several months, and the declaration of invalidity may take more than a year. After that, the case may proceed to administrative litigation, which makes the overall process quite lengthy.

Q5: What should I do first?

First, check the registration category, status, and application date of the other party's trademark. At the same time, organize the evidence of the prior use and popularity of your own trademark. Then decide whether to raise an objection, apply for a declaration of invalidation, or negotiate with the other party first.

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

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case Number]The case number has not been made public.
[Trial Court]People's Court of Yuexiu District, Guangzhou City, Guangdong Province
[Judicial Summary]As a competitor in the same industry, a certain company knew that Lan * Company's "Lan Mei" series of registered trademarks, but still continuously and repeatedly applied to register more than 10 similar trademarks such as "Lan Mei Beer" and "Zheng Han Lan Mei" between 2017 and 2022 and authorized others to use them, which clearly exceeded the normal needs of production and operation. The court determined that its actions had the purpose of parasitizing on the goodwill and seeking improper benefits, and constituted acts of malicious trademark squatting and improper competition for profit. It ordered the company to pay compensation of 500,000 yuan; the agency had obvious fault and constituted aiding and abetting infringement, and should bear joint and several liability within the limit of 100,000 yuan.
[Source]People's Daily Online (Legal News Headlines: "Cunning Trademarks" Can't Escape Legal Scrutiny) (2026-04)

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Jinjiang City, Fujian Province (both the second instance and the retrial upheld the original judgment)
[Judicial Summary]The defendant, as a competitor in the same industry, applied for 20 "Wanwu ** " trademarks in multiple categories within nearly a year after the plaintiff launched the "Wanwu ** " brand. After being challenged, these trademarks were ruled unregisterable or invalid. Subsequently, the defendant attempted to sell the applied trademarks to the plaintiff at a high price of 750,000 yuan. The court determined that the defendant had obvious malice of plagiarizing and preemptively registering others' trademarks, violated the principles of honesty and good faith and business ethics, and constituted unfair competition. The court ordered the defendant to pay 200,000 yuan in compensation.
[Source]The official website of the People's Court of Jinjiang City, Fujian Province (Protecting Brands and Promoting Development: Maliciously Registering Trademarks is by no means a "way to make money") (2026-04)

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as 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.