Will opening a shop and naming it be related to infringement?

opening a store is not an easy task. There are many things to pay attention to, and there may even be a risk factor. The first and most important thing is to give the store a name, because the name of the store will also be related to the future development of the store. You should be more careful when choosing a store name to avoid being similar to other people's store names, because such a store name is not only not conducive to the long-term development of the store, but also may involve infringement issues, so opening a store name may be related to infringement.

will there be a fine if it constitutes shop name infringement?

infringement of shop name will be fined, and the exclusive right to use a trademark is a kind of property right, which is protected by law; The legitimate rights and interests of registered trademarks are also safeguarded by the trademark management order according to law. The disposal of trademark infringement is stipulated in the Trademark Law, which has the following meanings:

1. If there is any infringement of the exclusive right to use a trademark listed in the Trademark Law, which causes a dispute, the parties concerned shall settle it through consultation.

2. If the parties are unwilling to negotiate or the negotiation fails, 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 the dispute.

3. If a lawsuit is brought to a people's court, it shall be conducted according to legal procedures; If it is handled by the administrative department for industry and commerce, and the infringement is found to be established at the time of handling, 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.

4. if a party refuses to accept the decision made by the administrative department for industry and commerce, he may bring a suit in a people's court in accordance with the administrative procedure law; If the infringer neither brings a suit nor performs it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution.

5. At the request of the parties, the administrative department for industry and commerce may 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.

What are the cases of trademark infringement

The Trademark Law defines the infringement of the exclusive right to use a trademark in the following five ways:

(1) Without the permission of the trademark registrant, it is a trademark infringement to use a trademark that is the same as or similar to its registered trademark on the same or similar goods.

(2) selling goods that infringe the exclusive right to use a registered trademark is trademark infringement.

(3) it is a trademark infringement to forge or make another person's registered trademark logo without authorization or to sell a forged or made registered trademark logo without authorization.

(4) without the consent of the trademark registrant, it is a trademark infringement to change its registered trademark and put the goods with the changed trademark on the market again.

(5) an act that causes other damage to the exclusive right to use a registered trademark of others is also a trademark infringement.

to sum up, if the name of a shop is infringed, a fine will be imposed, and the handling of the infringing trademark name of an individual industrial and commercial shop can be settled by both parties through consultation. Generally, the handling of the infringer will require that the infringing act be stopped immediately, and the infringing goods be confiscated or destroyed, and the infringer can be fined, and at the same time, the infringed person should be compensated.

how to avoid infringement?

under normal circumstances, if you operate according to law and register in industrial and commercial registration with the industrial and commercial bureau, as long as the industrial and commercial bureau agrees to register the store name, it will generally not be regarded as infringement. The Trade and Industry Bureau needs to review the name when approving it, and will not re-register a store name that is easily similar to or similar to other stores.

You can also click on the customer service at the bottom to inquire about the eight-character name, the name of Zhouyi, the name of the company store and the name of the baby. We will give the baby a good name with good luck according to the date and time of birth!