Yuxi Company Registration: Can it pass the name verification with the same font size but different administrative regions?

before registering a company, we need to check the company name first. We can find the existing company name through various products. If it is similar to the name of the company we are going to register, but it belongs to different regions, what rules are used to judge the possibility of passing the company name check?

first of all, the company name consists of administrative division, brand name and industry, which can identify the source of goods. After the company is registered and established, it enjoys the right of enterprise name. According to Item (3) of Article 5 of the Law of the People's Republic of China on Anti-Unfair Competition, it is an act of unfair competition for an operator to use someone else's enterprise name without authorization, which leads people to mistake it for someone else's goods. Paragraph 1 of Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition stipulates that the font size in the name of an enterprise with certain market popularity and known to the relevant public can be recognized as the name of an enterprise as stipulated in Item 3 of Article 5 of the Anti-Unfair Competition Law. In this question, when the subject, as a later registered actor, uses the font size of the earlier registered enterprise name in his registered enterprise name, unless the earlier registered enterprise proves that its font size is well-known in the market and known to the relevant public, it is difficult to determine that the subject's registration behavior is infringing. It should also be noted that the judgment of being well-known in the market and known to the relevant public adopts the relative standard, and the scope of protection of the enterprise name is the [KEY_14] standard.

Therefore, having a certain market popularity and being known by the relevant public is a prerequisite for the font size in the enterprise name to be protected by China's anti-unfair competition law. The criteria for determining the above premise are mainly whether it belongs to a well-known trademark in China. In addition, statements issued by trade associations, investment certificates of enterprises for marketing advertisements and questionnaires on popularity can be used as reinforcing evidence.

to sum up, under different administrative divisions, unless the subject uses another person's font size and the obligee proves that the font size is well-known in the market and known to the relevant public, it is difficult to consider it as infringement.