Can a trademark be used as a company name?

Trademark right is an intellectual property right. Some companies like to use some famous trademarks as enterprise names when naming words. In this way, in order to win more attention, many people don't know whether trademarks can be used as company names. So can a trademark be used as a company name? Can the 1. trademark be used as the company name?

Whether a trademark can be used as a company name depends on the situation. If a company representative uses a well-known trademark that is not registered in China or a trademark that has been used by others and has certain influence, it is an infringement and cannot be used as a company name.

Legal basis:

Article 13 of the Trademark Law of People's Republic of China (PRC) is a trademark well known to the relevant public. If the holder believes that his rights have been infringed, he may request the protection of well-known trademarks in accordance with the provisions of this law. A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others and is not registered in China, which is likely to cause confusion, so it is not registered and prohibited to be used. 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 32 An application for trademark registration shall not damage the existing 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.

Second, how to cancel the registration of enterprise as a legal person

(1) liquidation

Before going through the cancellation formalities with the registration authority, the company must be liquidated according to law, including terminating production, operation and sales activities, handling company affairs, solving civil litigation, clearing creditor's rights and debts and distributing surplus property.

Company liquidation, regardless of its nature, shall be carried out according to the following steps:

1. Establish a liquidation group.

2. carry out liquidation.

The liquidation group has taken over the company since its establishment and carried out the following business: taking over the company's property, closing the company's unfinished business, collecting creditor's rights, clearing debts, distributing the remaining property, canceling the company's legal person status and revoking its business license.

3. Notify creditors to declare their claims.

4. Put forward liquidation plan.

After clearing up the assets of the company and preparing the balance sheet and property list, the liquidation group shall draft and submit it to liquidation plan, and report it to the shareholders' meeting for discussion and approval or the competent authority for confirmation. Liquidation plan's main contents include: liquidation expenses, wages and labor insurance premiums payable, taxes payable, paying off the company's debts, distributing surplus property and ending liquidation.

After the liquidation is completed, it can be cancelled.

(2) Registration

During the cancellation process, the company needs to cancel the corresponding accounts in the following seven departments or institutions:

1. Social Security Bureau: Check whether there are unpaid social security fees, and then cancel the social security account of the company.

Tax official: Check whether there are any unpaid taxes or fees, and then cancel the national tax and local tax of the company.

3. Newspaper media: The company needs to publish an announcement in the newspaper to announce that the company is about to cancel.

4. Industry and Commerce Bureau: handle the company's record cancellation and cancel the business license.

5. Opening bank: cancel the company's account opening license, bank basic deposit account and other accounts.

6. Quality Supervision Bureau: Go to the Quality Supervision Bureau to cancel the company's license, such as production license.

7. Public security organ: the legal effect of canceling the company seal (the seal itself may not be handed in).

3. What materials does a natural person need to apply for a trademark?

The materials for applying for trademark registration by natural persons are different from those for applying for trademark registration by legal persons, and the latter is relatively simple, as follows:

1. Application for trademark registration signed by the applicant.

2.6 trademark patterns (1 on the back of the application, 5 at the time of submission), with clear patterns, and the length and width of specifications shall not be less than 5cm and not more than10cm. If a color is specified, please paste a color sample, cross color 5, and attach a 1 black and white pattern.

3. Go directly to the trademark registration hall and submit a copy of the applicant's ID card or passport, and the agent will show the original ID card or passport and submit a copy; Where a trademark agency is entrusted, a power of attorney for trademark agency and a copy of the applicant's ID card shall be submitted.

To sum up, whether a trademark can be used as a company name depends on the situation. If the trademark is a well-known trademark, it may constitute unfair competition for others to register the same company name again.