People have the same name, so that there will be a similar trademark. But when people use the name is no limit, then the trademark is not? Whether the two enterprises of different industries to use the same trademark or logo is similar? Here by the editor of Xiaoma legal mall with the following case to answer your questions.

    The way cattle company in the name of the establishment of "Beijing three and Zhiyuan Cultural Communication Co., Ltd.", in October 19, 2010, renamed "cattle way" world company". Tuniu world company called "cattle", when recruitment consulting called Nanjing branch company tuniu, when communicating with suppliers and stamp claims to be Nanjing tuniu company or related tuniu.com. Nanjing way cattle company believes: the way cattle companies of the above acts of malicious subjective obvious, can make the public will have some misunderstanding, infringement of the company's trademark rights and constitutes unfair competition.

    The court held that the way cattle company in the world in their business travel ticket sales "world ticket system" website, single use "the word to describe the way cattle to provide its services, against the Nanjing tuniu company registered trademark. Nanjing, the way cattle and the way cattle in the world, there is a certain competitive relationship in the business activities. When the world tuniu companies to discuss cooperation item of business, and tuniu.com have lied association belongs to the act of unfair competition. Therefore, the judgment of the way cattle companies stopped business activities claimed and Nanjing way cattle company has an associated relationship. In the way cattle and Nanjing way cattle company registered trademark and the same or similar services, stop using "tuniu" contains the name of the enterprise, and 40 thousand yuan compensation for economic losses and reasonable expenses 10 thousand yuan.

    "Trademark Law" and "Anti-Unfair Competition Law" both of which are for the intellectual property rights of people to provide a more adequate judicial relief, for registered trademarks and business names between the trademark infringement dispute is the need to distinguish between different situations, To be in accordance with the principles of good faith, to maintain fair competition and protection of the rights and other principles to be dealt with according to law. In today's society, where the brand has become the core competitiveness of enterprises, many operators in order to be able to create economic benefits faster, to take various means to make their own brand-name linked, and some even take the famous brand, free rides and other illegal means to obtain Unfair benefits. The typical case of this case lies in the improper means to others with a higher reputation of the previous registered trademark as the name registered as the name of the enterprise, the court can be based on the request of the parties to stop the use of the decision to stop or change the name of the enterprise. This case has a good demonstration role in regulating the use of the name of the enterprise and ensuring the order of good market competition.