Traditional Culture Encyclopedia - Hotel franchise - Legally speaking, can two hotel chains with the same name be opened in the same county?
Legally speaking, can two hotel chains with the same name be opened in the same county?
Generally speaking, except for well-known trademarks or registered trademarks, it does not constitute infringement, but if the other party has evidence to prove that your store name or business has damaged its brand reputation, you can request compensation. If the other party's name and trademark have been registered for the record, then the industrial and commercial bureau may not approve it. Also, trademarks and shop names of well-known enterprises should not be used casually. You can't use the same or similar font size as others. China's "Anti-Unfair Competition Law" also stipulates that it is forbidden to "use the unique name, packaging and decoration of a well-known commodity without authorization, or use the name, packaging and decoration similar to a well-known commodity, causing confusion with other people's well-known commodities and making buyers mistake it for the well-known commodity".
The exclusive right of enterprise name, trade name and individual operator's name and font size is also the legally monopolized property owned by enterprises and operators, representing the external image of enterprises, and also related to the business reputation of operators and the reputation of goods and services, which is very important to operators and consumers. As an intangible property, the names of enterprises and individuals enjoy exclusive rights, and all countries confirm the exclusive rights of names, enterprise names and trade names through civil legislation or enterprise name registration management system and protect these rights.
Article 6 of People's Republic of China (PRC) Anti-Unfair Competition Law
Business operators shall not commit the following confusing acts, which make people mistakenly think that they are other people's goods or have specific connections with others:
(a) unauthorized use of the same or similar marks in the name, packaging and decoration of goods that have certain influence on others.
(2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), the name of social organization (including abbreviation, etc.). ) and name (including pen name, stage name, translated name, etc. ) others have a certain influence on it.
(three) unauthorized use of domain names, website names, web pages and other major parts. Have a certain influence on others.
(four) other confusing acts that can make people mistakenly think that they are other people's goods or have specific connections with others.
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