Recommendations on enterprise name infringement disputes

An enterprise name is an important mark distinguishing one enterprise from another, and has the attributes of a personal right, property right and intellectual property right. While bringing the enterprise tremendous profits, an enterprise name can also assist it in establishing its image, broadening its influence and enhancing its competitiveness.

However, today enterprise name infringement is becoming more and more varied. Enterprise name infringement can cause market disorder, and the pallor of legal provisions is the soil in which enterprise name infringement thrives. This column will analyse the shortcomings in the current regulations when relevant disputes arise, and set out recommendations for improvement.

Pursuant to the laws of China, an enterprise name is composed of four parts: the administrative division; trade name; industry feature; and organisational form. The trade name portion is the most original and distinctive, for example in the name “Sichuan Changhong Appliance Co Ltd”, Sichuan is the administrative division, Changhong is the trade name, Appliance is the industry feature and Co Ltd is the organisational form.