[Direct answer]In the Beijing area, there are three steps: first, fix the evidence (the other party's registration information, screenshots of the business name used in the operation, and the confusion of facts); then choose the path - administrative complaint (the market supervision department orders the name change) is effective quickly, and civil litigation (against unfair competition: unauthorized use of others' enterprise names with certain influence to cause confusion) can obtain compensation. In serious cases, a criminal report can be filed; at the same time, take defensive measures - integrate trademarks and business names to prevent the other party from using registered trademarks to defend against them. The core of business name protection is the four words "with certain influence", and the evidence of popularity determines the success or failure.

1. Problem background and typical scenarios

After ten years of operating "Hengxin" building materials, I suddenly found that a "Hengxin Building Materials City" had emerged in the neighboring city; my company's trademark was registered by others as a trademark, and I was warned that I was infringing their rights; on e-commerce platforms, counterfeit stores directly used my company's trademark to sell fake goods — the forms of trademark infringement are becoming increasingly diverse, and the paths to protect rights also vary depending on the specific circumstances.

II. Key points of contention

First, the threshold for the protection of a business name's reputation. Second, the choice between administrative and civil litigation. Third, the handling of conflicts between a business name and a trademark. Fourth, the burden of proof for compensation for losses.

III. Professional analysis by Henglue Lawyers

The first layer: Prerequisites for protection: A trademark (the core identifying element in an enterprise name) is protected by the Anti-Unfair Competition Law if it "has a certain influence" – being well-known to the relevant public in a specific region. Evidence of popularity includes operating history, business scale (stores, revenue), promotional efforts (advertising contracts and deployment records), award honors, media coverage, and industry rankings. "Having a certain influence" is a flexible standard; regional industry recognition suffices, rather than national fame. Trademarks with short establishment periods or limited usage scope may face limited compensation for infringement. The second layer: Administrative path: File a complaint with the market supervision authority against trademark infringement (e.g., registering a trademark identical or similar to an existing enterprise in the same industry). Request the revocation or modification of the enterprise name, or investigate infringement in the usage phase (e.g., fake stores or unauthorized authorizations). This path is low-cost and fast-acting, but lacks compensation and is suitable as a first line of defense. Complaint materials include registration information and proof of popularity, as well as evidence of customer confusion (e.g., complaint records of mistaken identity and order flow). The third layer: Civil litigation: Article 6 of the Anti-Unfair Competition Law – unauthorized use of a trademark with established popularity (including abbreviations or trademarks) that misleads consumers into believing it belongs to another company or is associated with a specific entity constitutes an act of confusion. Claims include: cease use, name modification, compensation for damages, and removal of impacts. Compensation calculations consider actual losses, infringement profits, and statutory compensation (up to 5 million yuan). Malicious infringement (knowingly registering a trademark despite knowing its popularity) incurs increased penalties. Litigation may preemptively block the opponent's trademark registration defense – if the trademark was used first and established popularity, the opponent's trademark registration may be invalidated or opposed with prior rights. The fourth layer: Trademark-charity conflicts: Opponents registering your trademark as a trademark – file a declaration of invalidation based on prior rights (within five years, malicious infamous trademarks are not subject to time limits). Opponents using your trademark in their operations – handle as unfair competition cases. Your registered trademark being used as a trademark – trademark rights prevail over trademark use. Integrated protection is the ultimate solution: register trademarks for trademarks and core/related categories simultaneously, unify domain names and account systems to eliminate infringement opportunities. The fifth layer: Online scenarios: E-commerce platform store infringement – platform IP complaint channels (trade name rights complaints) first remove the store, then follow up with the merchant and platform. Search engine infringement (bidding rankings featuring own brand keywords) – mature litigation precedents exist. Foreign trade enterprises – address overseas trademark registrations through local procedures or the Madrid System. Trademark protection requires timely action: register trademarks and implement defensive strategies promptly after establishing popularity, and take immediate action against infringement (the longer the delay, the stronger the opponent's "good faith use" defense).

IV. Practical Suggestions and Legal Basis

The first step is to build up reputation: continuously documenting publicity, honors, and media reports, as reputation is the foundation of protection; the second step is to file complaints quickly: prioritize administrative complaints to mitigate losses, and synchronize with order rectification and investigations; the third step is to initiate litigation: demand cessation of infringement and compensation for damages, and substantiate malicious infringement with evidence; the fourth step is to make strategic arrangements: integrate trademarks and business names, and unify domain names and accounts to prevent cybersquatting. Main legal basis: Articles 6, 17, and 18 of the Anti-Unfair Competition Law of the People's Republic of China, and relevant provisions of the Regulations on the Administration of Enterprise Name Registration; specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

The three principles of trademark protection are: having a certain influence is the threshold, and the evidence of popularity determines success or failure; administrative stop-loss and civil claims should be carried out in parallel; and the integrated layout of trademark and brand name makes it impossible for counterfeiters to take advantage of the situation. Cases involving trademark infringement and unfair competition can be resolved through legal means.Intellectual property protection and corporate lawWe provide a comprehensive solution for services, which includes the planning of a business's trademark system that can be integrated with other aspects.Business and contract disputes in enterprisesFor reference, you can refer to the strategies for dealing with foreign-related preemptive registrations of trademarks\nFinancial capital and cross-border transactions involving foreign entitiesFor reference, you can check the documents related to rights protection and complaint materialsSpecialised legal services板块。

VI. Frequently Asked Questions

Q1: What should I do if someone registers my font as a trademark?

For trademarks that have been registered first and have a certain influence, the owner can apply for the declaration of the trademark's invalidity within five years. However, there is no five-year time limit for malicious registrations.

Q2: Which is better, administrative complaints or litigation?

First, implement administrative stop-loss measures (quick and free) and then pursue civil claims for compensation. This two-pronged approach will yield the best results.

Q3: What level of fame does a font need to achieve in order to be considered well-known?

It suffices for the relevant public in a specific area to be aware of it. Evidence of the industry's and the region's popularity (through publicity, honors, and scale) is crucial.

Q4: How to deal with online stores that use counterfeit brand names?

The platform will first file a complaint to remove the infringing products, and then sue the sellers for compensation; cases of fraudulent bidding rankings will be handled as unfair competition.

Q5: How is the compensation calculated for the party who fraudulently uses another's identity?

Calculated based on the actual losses or the infringer's profits, if the amount cannot be determined, the statutory compensation shall be determined at no more than 5 million yuan, and the compensation for malicious infringement shall be determined at a higher level.

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 situation.

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

Disclaimer: This article is compiled based on the 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. In case of disputes, please consult a practicing lawyer in time.