Can you use the same store name in the same industry?

No, I'll show you the trademark law and you'll understand. Trademark law is the general name of legal norms that confirm the exclusive right to use a trademark and stipulate the registration, use, transfer, protection and management of a trademark. Its main functions are to strengthen trademark management, protect the exclusive right to use trademarks, promote commodity producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, safeguard the interests of consumers and promote the development of socialist market economy.

Article 3 Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council. Article 4 Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for a commodity produced, manufactured, processed, selected or distributed, it shall apply to the Trademark Office for trademark registration of the commodity. Article 5 Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark and jointly enjoy and exercise the exclusive right to use the trademark. Article 6 Where a registered trademark is required by the State, an application for trademark registration must be made. Without approval and registration, it may not be sold in the market. Article 8 Any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements, may apply for registration as a trademark. Article 9 A trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. Article 11 The following marks shall not be registered as trademarks: (1) Only the common name, figure and model of the commodity; (two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) Lack of distinctive features. A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use. Article 12 Where an application for trademark registration is made with a three-dimensional mark, the shape produced only by the nature of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value shall not be registered. Article 13 A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. If it is likely to cause confusion, it shall not be registered and its use shall be prohibited. Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited. Article 15 If an agent or representative registers the principal or the trademark of the principal in his own name without authorization, and the principal or the principal objects to it, it shall not be registered and the use thereof shall be prohibited. Article 16 Where a trademark contains a geographical indication of a commodity, and the commodity does not originate from the area marked by the indication, which misleads the public, it shall not be registered and its use shall be prohibited; However, the registration in good faith continues to be effective. The geographical indications mentioned in the preceding paragraph refer to the indication that a commodity originates from a certain region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by natural factors or human factors in the region. Article 20 Where an applicant for trademark registration applies for the registration of the same trademark on different categories of goods, he shall file an application for registration according to the classification of goods. Article 21 Where a registered trademark needs to be used on other goods of the same class, a separate application for registration shall be filed. Article 22 Where the logo of a registered trademark needs to be changed, a new application for registration shall be filed. Article 23 Where a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed. Article 25 Where a trademark is used for the first time on a commodity exhibited in an international exhibition sponsored or recognized by the China Municipal Government, the applicant for trademark registration may enjoy the priority within six months from the date when the commodity is exhibited. Article 26 The matters declared and the materials provided in the application for trademark registration shall be true, accurate and complete. [Edit this paragraph] Chapter III Examination and Approval of Trademark Registration Article 27 A trademark that meets the relevant provisions of this Law shall be preliminarily examined and approved by the Trademark Office and announced.

Article 28. Where the trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and shall not make an announcement.

Article 29 Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, they shall make a preliminary examination of the trademark applied earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

Article 30 Any person may raise an objection to a trademark that has been preliminarily examined and approved within three months from the date of announcement. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.

Article 31 An application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means.

Article 32 The Trademark Office shall notify the applicant for trademark registration in writing of the trademark whose application is rejected and whose announcement is not made. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.

Article 33 Where an objection is raised to a trademark that has been preliminarily examined and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and make a ruling after investigation and verification. If a party refuses to accept the notice, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objector in writing.

If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark reexamination procedure to participate in the proceedings as a third party.

Article 34 If a party concerned does not apply for reexamination of the ruling of the Trademark Office within the statutory time limit or does not bring a suit in a people's court against the ruling of the Trademark Review and Adjudication Board, the ruling will take effect.

If it is ruled that the objection cannot be established, it shall be approved for registration, issued with a trademark registration certificate and announced; If the objection is established, the registration shall not be approved.

If the registration is approved after the ruling that the objection cannot be established, the time for the applicant to obtain the exclusive right to use the trademark shall be counted from the date of expiration of three months after the announcement of the preliminary examination.

Article 35 Applications for trademark registration and trademark reexamination shall be examined in a timely manner.

Article 36 Where an applicant or registrant for trademark registration finds that there are obvious errors in the trademark application documents or registration documents, he may apply for correction. The Trademark Office shall make corrections within the scope of its functions and powers according to law and notify the parties concerned.

The correction of errors mentioned in the preceding paragraph does not involve the substantive contents of the trademark application documents or registration documents. [Edit this paragraph] Chapter IV Renewal, Transfer and License for Use of Registered Trademarks Article 37 A registered trademark shall be valid for ten years, counting from the date of approval of registration.

Article 38 Where it is necessary to continue to use a registered trademark after its expiration, it shall apply for renewal of registration within six months before its expiration. Failing to apply within this time limit, a grace period of 6 months may be granted. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled.

Each renewal of registration is valid for ten years.

After the renewal of registration is approved, it shall be announced.

Article 39 Where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark.

After the transfer of a registered trademark is approved, it shall be announced. The transferee shall enjoy the exclusive right to use the trademark from the date of announcement.

Article 40 A trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

Where a registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be marked on the goods using the registered trademark.

A trademark licensing contract shall be reported to the Trademark Office for the record. [Edit this paragraph] Chapter V Identification of Disputes over Registered Trademarks Article 41 If a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall revoke the registered trademark; Other units or individuals may request the Trademark Review and Adjudication Board to make an order to cancel the registered trademark.

Where a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not limited by five years.

In addition to the provisions of the preceding two paragraphs, if there is a dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date when the trademark is approved for registration.

After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and file a reply within a time limit.

Article 42 A trademark that has been challenged and ruled before its registration is approved may not apply for ruling on the same facts and reasons.

Article 43 After the Trademark Review and Adjudication Board decides to maintain or cancel a registered trademark, it shall notify the parties concerned in writing.

If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party. [Edit this paragraph] Chapter VI Administration of Trademark Use Article 44 Where a registered trademark is used in any of the following acts, the Trademark Office shall order it to correct or revoke its registered trademark within a time limit:

(1) Changing the registered trademark;

(2) Changing the name, address or other registered items of the registrant of a registered trademark;

(3) Transferring a registered trademark by itself;

(four) stop using for three consecutive years.

Article 45. Where a registered trademark is used, its goods are shoddy, shoddy and deceive consumers, the administrative departments for industry and commerce at all levels shall, according to different circumstances, order it to make corrections within a time limit, and may notify it or impose a fine, or the Trademark Office may revoke its registered trademark.

Article 46 Where a registered trademark is revoked or not renewed upon expiration, the Trademark Office shall not approve an application for trademark registration that is identical with or similar to its trademark within one year from the date of revocation or cancellation.

Article 47 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit and may also be fined.

Article 48 Anyone who uses an unregistered trademark and commits any of the following acts shall be stopped by the local administrative department for industry and commerce, corrected within a time limit, and may be notified or fined:

(a) posing as a registered trademark;

(2) Violating the provisions of Article 10 of this Law.

(three) shoddy, shoddy, cheat consumers.

Article 49 If a party refuses to accept the decision of the Trademark Office to cancel a registered trademark, he may, within 15 days from the date of receiving the notice, apply to the Trademark Review and Adjudication Board for reexamination, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.

Article 50 If a party refuses to accept the fine decision made by the administrative department for industry and commerce in accordance with the provisions of Articles 45, 47 and 48 of this Law, he may bring a suit in a people's court within 15 days from the date of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution. [Edit this paragraph] Chapter VII Protection of the exclusive right to use a registered trademark Article 51 The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use.

Article 52 Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;

(2) selling goods that infringe upon the exclusive right to use a registered trademark;

(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(5) causing other damage to the exclusive right to use a registered trademark of others.

Article 53 If one of the acts listed in Article 52 of this Law infringes upon the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).

Article 54 The administrative department for industry and commerce has the right to investigate and deal with acts that infringe upon the exclusive right to use a registered trademark. Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.

Article 55 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use registered trademarks of others:

(1) Asking the parties concerned and investigating the situation related to the infringement of the exclusive right to use a registered trademark of others;

(2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;

(three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others;

(4) Examining articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained.

When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.

Article 56 The amount of compensation for infringement of the exclusive right to use a trademark refers to the interests gained by the infringer or the losses suffered by the infringer during the infringement, including the reasonable expenses paid by the infringer to stop the infringement.

If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation.

Article 57 Where a trademark registrant or an interested party has evidence to prove that another person is committing or will commit an act that infringes on his exclusive right to use a registered trademark, and if it is not stopped in time, it will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court for measures to order him to stop the relevant act and preserve his property before bringing a lawsuit.

The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of People's Republic of China (PRC) in handling the application mentioned in the preceding paragraph.

Article 58 In order to stop the infringement, the trademark registrant or interested party may apply to the people's court for evidence preservation before prosecution, if the evidence may be lost or difficult to obtain later.

After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately.

The people's court may order the applicant to provide a guarantee. If the applicant cannot provide a guarantee, the application shall be rejected.

If the applicant does not bring a suit within 15 days after the people's court takes the protective measures, the people's court shall lift the protective measures.

Article 59 Where a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law in addition to compensating the infringed for the losses.

Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.

Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.

Article 60 State functionaries engaged in trademark registration, administration and reexamination must enforce the law impartially, be honest and self-disciplined, be loyal to their duties and provide civilized service.

The Trademark Office, the Trademark Review and Adjudication Board and the staff of state organs engaged in trademark registration, management and evaluation shall not engage in trademark agency business or commodity production and business activities.

Article 61 The administrative department for industry and commerce shall establish and improve the internal supervision system, and supervise and inspect the implementation of laws, administrative regulations and disciplines by the staff of state organs responsible for trademark registration, management and review.

Article 62 Any functionary of a state organ engaged in trademark registration, administration and reexamination who neglects his duty, abuses his power, engages in malpractices for personal gain, illegally handles trademark registration, administration and reexamination, accepts the property of the party concerned, and seeks illegitimate interests, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law. [Edit this paragraph] Chapter VIII Supplementary Provisions Article 63 Anyone who applies for trademark registration and handles other trademark matters shall pay a fee, and the specific fee shall be determined separately.

Article 64 This Law shall come into force as of 1 March, 9831day. 1April, 963 10, the trademark management regulations promulgated by the State Council shall be abolished at the same time; Other provisions on trademark management that contravene this Law shall be null and void at the same time.

Trademarks registered before the implementation of this Law shall remain valid.

Basic principles of trademark law

Basic principles of trademark law

The basic principles of trademark law refer to the basic principles that should be followed in the process of establishing and protecting trademark rights. China trademark law has the following six basic principles:

I. Principles of registration

Registration is a process of confirming the ownership of the exclusive right to use a trademark. There are two basic principles adopted by trademark laws around the world to confirm the exclusive right to use a trademark, one is the principle of registration, and the other is the principle of use. The so-called registration principle is to obtain the exclusive right to use a trademark through registration. No matter whether the trademark is used or not, as long as it conforms to the provisions of the Trademark Law and is approved and registered by the trademark authority, the applicant has obtained the exclusive right to use the trademark and is protected by law. The principle of use means that a trademark can generate rights through use. According to this principle, the first user can obtain the exclusive right to use a trademark. Article 3 of China's Trademark Law stipulates: "A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law." Therefore, China's trademark law adopts the principle of registration.

Second, the principle of priority application.

The principle of prior application is one of the important procedural principles derived from the principle of registration. Because the exclusive right to use a trademark is based on registration, it is not always a person who applies for registration with the same or similar trademark on the same kind of goods or similar goods, so it is an effective method to determine who owns the exclusive right to use a trademark according to the time when the application is submitted. Therefore, Article 18 of the Trademark Law stipulates: "Where two or more applicants apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark of the earlier application shall be preliminarily examined and approved and announced". This is the principle of first application. According to this principle, even if a trademark has been used for many years, if you don't apply for registration in time, you will lose the opportunity to register because others apply first, and you won't get the exclusive right to use the trademark. Of course, the principle of applying first is also invalid. When two or more trademarks apply for registration on the same day, the ownership of the exclusive right must be determined by other methods. Therefore, Article 18 also stipulates that "if an application is filed on the same day, the previous trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement." This shows that under the premise of giving priority to application, we also take priority to use as an appropriate supplement.

Third, the principle of good faith.

The principle of good faith is a basic principle in the field of civil law, and its legal manifestation is stipulated in Article 4 of the General Principles of Civil Law: "Civil activities should follow the principle of good faith."

The principle of good faith requires that civil subjects should maintain the balance of interests between the parties and the balance of interests between the parties and the society in civil activities. In the interest relationship between the parties, the principle of good faith requires respecting the interests of others and treating other people's affairs as their own affairs, so as to ensure that all parties in the legal relationship can get their due interests without harming others' interests. When the interests of all parties are unbalanced under special circumstances, adjustments should be made to restore the balance of interests, thus maintaining a certain social and economic order. In the interest relationship between the parties and society, the principle of good faith requires that the parties should not harm the interests of the third party and society through their own civil activities, and must exercise their rights within the scope of legal rights in a way consistent with their social and economic purposes.

Although the concept of "good faith" is not clearly used in the current trademark law, many provisions on the establishment, exercise and protection of trademark rights reflect the basic spirit of the principle of good faith. For example, Articles 6, 31 and 34 of the Trademark Law stipulate "Stop deceiving consumers"; Article 8 (8) stipulates that "exaggerated and deceptive" words or graphics shall not be registered as trademarks; Article 27 Provisions on the act of "obtaining registration by fraudulent means"; Articles 38, 39 and 40 all embody the spirit of the principle of good faith. Article 25 of the Detailed Rules for the Implementation of the Trademark Law clearly explains the act of "violating the principle of good faith by copying, imitating and translating". As the first paragraph of Article 27 of the Trademark Law refers to the act of obtaining registration by deception or other improper means. It can be seen that the principle of good faith, as a basic principle in the whole field of civil law, plays an important role in trademark law. Although we didn't pay due attention to it in theory in the past, we actually followed it as a basic principle in the establishment, management and protection of trademark rights.

Fourth, the principle of voluntary registration.

The so-called "voluntary registration principle" means that the trademark registration used by enterprises is completely decided by enterprises. Article 4 of the Trademark Law stipulates that enterprises, institutions and individual industrial and commercial households that need to obtain the exclusive right to use a trademark for the goods or services they produce, manufacture, process, select and distribute shall apply to the Trademark Office for the registration of a commodity trademark or a service trademark. If an enterprise does not need or intends to obtain the exclusive right to use a trademark for the time being, it may not be registered. Registered trademarks are allowed to be used, but users have no exclusive rights and cannot prohibit others from using them.

Strictly speaking, China is not implementing the principle of voluntary registration in the pure sense, but still implementing the principle of compulsory registration of trademarks of very few commodities on the premise of the principle of voluntary registration. Article 5 of the Trademark Law stipulates: "A commodity that must use a registered trademark as stipulated by the state must apply for trademark registration and may not be sold in the market without approval." Article 7 of the Detailed Rules for the Implementation of the Trademark Law further stipulates: "Pharmaceuticals and tobacco products for human use prescribed by the State and announced by the State Administration for Industry and Commerce must use registered trademarks." Compulsory registration of some commodities closely related to people's health is a major feature of China's trademark law.

Five, the principle of centralized registration and hierarchical management

Centralized registration and hierarchical management are one of the outstanding characteristics of China's trademark legal system. According to the characteristics of market economy and trademark itself, trademark registration should break the state of division of departments and regions, and the Trademark Office is responsible for the examination and approval of trademark registration. To this end, Article 2 of the Trademark Law stipulates: "The Trademark Office of the State Administration for Industry and Commerce is in charge of trademark registration and management throughout the country." This determines that the national trademark registration is the responsibility of the Trademark Office of the State Administration for Industry and Commerce, and no other organization has the right to handle trademark registration, which clarifies the principle of centralized registration. Classified management refers to the management of local trademarks by industrial and commercial administrations at all levels according to law. The implementation of hierarchical management is conducive to the close combination of trademark management and local reality, making trademark management regular and institutionalized. 1. Free trademark inquiry: 2. Trademark Law of People's Republic of China (PRC). /tools/soft/cppun.rar。