[Direct answer]In the Beijing area, if a company's trade name conflicts with a trademark registered by others, it does not necessarily constitute infringement. The key issue is whether it is likely to cause confusion among the relevant public or infringe upon the goodwill of others' trademarks. According to Articles 57 and 58 of the Trademark Law of the People's Republic of China, using others' registered trademarks as a company's trade name, misleading the public, or causing confusion may constitute infringement or unfair competition. When handling such cases, it is necessary to first verify the registration category and popularity of the other party's trademark, as well as the priority of registration of the company's own trade name. Gather evidence of use, and if a settlement can be reached, sign a coexistence agreement. If no agreement can be reached, objections, invalidation declarations, or litigation may be used to protect rights. For more details, please refer to the relevant provisions of the Trademark Law of the People's Republic of China.Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

Conflicts between trade names and trademarks are common in the naming stage of enterprises. Typical scenarios include: entrepreneurs using prominent parts of others' well-known trademarks as company trade names and being sued for infringement; well-known brands and landmark brands being registered as trademarks by others and then facing reverse protection; two enterprises in the same industry having similar trade names and trademarks, causing confusion in the market; and e-commerce and franchise operators misusing suppliers' logos, leading to chain disputes. Many operators believe that "if the trade name has been approved by the industry and commerce department, it is legal". However, the registration of trade names and trademark authorization belong to different systems, and the approval of trade names does not necessarily prevent trademark infringement. For those involving the establishment of enterprises, it can be combined with other legal procedures to avoid potential legal risks.Business and contract dispute services for enterprisesPreliminary investigation and screening.

II. Key points of dispute

There are three main points of contention. Firstly, the possibility of confusion: whether the use of a trade name might lead relevant members of the public to mistake the source of the goods or services. This needs to be assessed in light of the trademark's popularity and the relevance of the goods. Secondly, prior rights and good faith: whether the registration of the trade name predates the trademark and whether the use is in good faith, which affects the determination of liability. Thirdly, compensation and cessation: if infringement is determined, whether it is just a matter of ceasing use or also involving compensation depends on the subjective malice and profits gained. In terms of handling the case, a distinction should be made between "registering and using in good faith" and "parasitic infringement of reputation". For issues involving the basis of rights, reference can be made to relevant provisions.Special services and other case servicesClarify the ownership rights and responsibilities.

III. Professional analysis by Henglue Law Firm

Based on the cases handled by our firm, we can see the judicial standards for resolving conflicts between brand names and trademarks. Attorney Liu Yuanyuan once represented a trademark infringement and unfair competition dispute. The plaintiff was a well-known paper company, and its "EFGH" trademark was approved for use in sanitary napkins in Category 5 and had been recognized as a well-known trademark. The defendant was authorized by a third party to use the "EFGK" trademark and design patent to produce and sell similar products. The plaintiff claimed 98 million yuan on the grounds of imitating the well-known trademark and causing confusion in packaging and decoration. Attorney Liu Yuanyuan argued that the disputed logo originated from a legitimate authorization, the suffix "GK" was clearly different from "GH", and the relevant public could distinguish them through overall recognition; the packaging and decoration originated from the design patent, and the plaintiff only submitted a copyright registration without proving "significant influence"; and the defendant's authorization period was short, production volume was low, pricing was low, and the product had already been discontinued, so there was no basis for high compensation. The court partially accepted the argument, finding that "EFGH" was already a well-known trademark when the disputed trademark was applied for, and the defendant constituted infringement, but rejected the claim of unfair competition, and determined the compensation for economic losses at 50,000 yuan and reasonable expenses at 10,000 yuan, totaling 60,000 yuan, which was reduced by more than 920,000 yuan compared with the plaintiff's claim. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent. In addition, Attorney Xiong Binrong of our firm has also helped clients recover part of the franchise service fees in the field of franchising, reflecting the practical points when trademark authorization and business compliance intersect.

IV. Practical suggestions and legal basis

The core basis is Article 57 (circumstances of infringement), Article 58 (conflict between trade names and trademarks), and Article 13 (protection of well-known trademarks) of the Trademark Law of the People's Republic of China (amended and implemented on April 23, 2019); as well as the provisions on confusing acts in Article 6 of the Anti-Unfair Competition Law of the People's Republic of China (amended on April 23, 2019). Practical suggestions: Before naming a business, conduct a trademark search to avoid infringing on well-known brands; for existing conflicts, first secure evidence of prior use and popularity; for cases that can be negotiated, sign coexistence or licensing agreements; for malicious preemptive registrations by others, raise objections during the announcement period or request a declaration of invalidation in accordance with Article 45 of the Trademark Law; for cases of alleged infringement, defend against the allegations by proving legal sources, lack of confusion, and good-faith use. For cases involving authorization chains, relevant evidence should be combined with the aforementioned provisions to support legal defenses.Creditor-debtor relations and enforcement case servicesClaim one's rights.

5. Henglue Law Firm's Reminder

It is better to address conflicts between trademarks and trade names as early as possible. The first step is to conduct a self-check: check the other party's trademark category, registration time, popularity, and whether your own trade name has been registered and used first. The second step is to preserve evidence: maintain evidence of continuous use, promotional materials, and transaction records to prove your own good faith and popularity. The third step is to choose a path: if the trademarks can coexist, sign an agreement; if someone else registers the trademark, file an objection or request a declaration of invalidity; if you are sued, actively defend yourself. Never continue to use or expand the use of the trademark after being notified, as this may aggravate the determination of malicious intent. If professional judgment is needed, you can seek assistance from professionals.Intellectual property protection and corporate legal servicesDevelop a plan.

VI. Frequently Asked Questions

Q1: If I use someone else's registered trademark as a business name, does that necessarily constitute infringement?

It's not a general infringement, but it depends on whether it's likely to cause confusion and whether it's an attempt to piggyback on the goodwill of others. If your trademark registration was used first and is weakly associated with the trademarked products of the other party, and the relevant public will not be misled, it usually doesn't constitute infringement. However, if you knowingly use the distinctive parts of others' well-known trademarks as your trademark and cause misleading or unfair competition, you may be found guilty of infringement or unfair competition. It is recommended to first compare the registration category and popularity, and then decide whether to litigate or negotiate to avoid being misled by the false judgment that "you will definitely lose the case".

Q2: For trademark conflicts involving fonts, what evidence do I need to prepare?

The core evidence includes: the trademark approval and registration files and the earliest evidence of use (to prove that the registration and use preceded); the trademark's registration information, approved categories, and popularity materials (to determine whether it constitutes confusion); evidence of the company's continuous promotion, transactions, and customer recognition (to prove good faith and recognition); feedback or notarization of actual confusion in the market between the two parties; and correspondence. The organization of the evidence revolves around the three points of "earlier use - no confusion - good faith", and the more complete the materials are, the better they can support the defense of non-infringement or the claim of coexistence.

Q3: How much does it cost in attorney's fees and litigation expenses to handle such disputes?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation request, and trademark infringement cases are generally calculated based on the amount of the compensation request. The attorney's fees are determined according to the complexity of the case, whether it involves an invalidation declaration, and the attorney's qualifications. They are charged on a per-case basis or as a percentage of the litigation amount, with the specific fees determined by the contract of engagement, and there is no uniform standard. If only a trademark objection or invalidation declaration is required, the administrative procedure costs are relatively manageable; once the case enters litigation, the costs will rise with the amount of the litigation. It is recommended to first assess the stability of the other party's trademark and the prior evidence of one's own side, and then choose the most cost-effective path.

Q4: How long do trademark conflicts involving fonts usually last?

If the administrative procedures for trademark objection or invalidation declaration are initiated, the China Intellectual Property Administration usually takes several months to a year to review the case; if the case proceeds to civil litigation, the first-instance ordinary procedure takes six months and the summary procedure takes three months. For complex cases or those involving well-known trademark determination, the duration may be even longer. If the party is not satisfied with the judgment, they can appeal, and the second-instance procedure generally takes three months. Overall, it often takes half a year to two years from the initiation of the procedure to the final outcome. It is recommended to take action as soon as possible during the objection announcement period or within the statute of limitations for litigation to avoid losing procedural opportunities due to delay.

Q5: If I find that my trademark conflicts with someone else's trademark, what should I do first?

Here are the four steps suggested: 1. First, verify the other party's trademark registration category, registration date, and popularity to confirm the actual scope of the conflict. 2. Second, organize the trademark registration records and evidence of prior use, promotion, and transactions to solidify goodwill and recognition. 3. Third, assess whether it's possible to negotiate coexistence or obtain a license. If a settlement is reached, sign a written agreement. 4. Fourth, if the other party maliciously files a trademark application, raise objections during the announcement period or request a declaration of invalidity according to the law. When sued, defend against the claim by proving non-confusion and good faith use. If necessary, hire a lawyer to intervene. Throughout the process, maintain communication and evidence of use to control the scope of continued use.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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.