1. What rights are infringed upon by stealing other people's company names?
First, illegally interfere with the right of enterprise name.
Enterprises have the right to set their own names. As long as the enterprise sets its own name in accordance with the requirements of the Regulations on the Administration of Enterprise Name Registration, as long as the name conforms to the principle of authenticity and does not violate the relevant laws and regulations of the state, others may not illegally interfere.
The second is to illegally interfere with the change of enterprise name right.
An enterprise has the right to change its name right according to law. As long as it does not violate the relevant prohibition provisions of the state on the establishment of enterprise name rights and does not infringe on the legitimate rights and interests of a third party, others may not illegally interfere.
Third, illegally interfere with the right of enterprises to use their names. This mainly includes two situations:
(1) Illegal use of another person's enterprise name. The right of enterprise name is the exclusive right to use. Except the enterprise itself, no other enterprise may use the name without the permission of the obligee, otherwise it will constitute infringement. There are two typical cases of illegal use of other people's enterprise name right: fraudulent use of other people's enterprise name and misappropriation of other people's enterprise name. Fraudulent use of another company's name refers to the act of impersonating another company's name to seek illegal interests for one's own company, that is, impersonation; Stealing another person's trade name refers to the act of using another person's trade name for profit without the permission of the obligee, which brings adverse benefits to the obligee. Secondly, the behavior that the actor intentionally confuses his own font size with that of others, causing actual losses to the owner of the font size, also belongs to the infringement of illegally using the font size of others.
(two) the act of not using the name of another enterprise. After the enterprise name is transferred in part or in whole, the transferee shall use the enterprise name of others in the manner and within the time limit stipulated in the contract, and the act of using it without using it is also an act of infringing on the right of enterprise name of others.
Fourth, illegally interfere with the transfer of name rights by enterprises.
As a kind of property right, enterprise name right has the transferability of property. According to Article 23 of the Regulations on the Administration of Enterprise Names, "the enterprise name is transferred with the enterprise or a part of the enterprise, and the enterprise name can only be transferred to one enterprise. The transferor and transferee of the enterprise name shall sign a written contract or agreement and report it to the original registration authority for approval. After the enterprise name is transferred, the transferor shall not continue to use the transferred enterprise name. " Therefore, the transfer of enterprise name is protected by law, and others may not illegally interfere.
Second, what should I do if the company name is stolen?
There are many cases of misappropriation of company names, most of which are caused by system errors or personnel operation errors when the industrial and commercial authorities approve the company name. At present, the approval of company names in most areas is still manual, so it is difficult to avoid this problem. If it appears, you can complain to the registration authority, and if it is verified, the company name will be re-approved according to the method of who registers first and who owns it.
If infringement is involved, but not the above situation, then according to the Implementation Measures for the Administration of Enterprise Name Registration.
Article 41 If a registered enterprise name causes deception or misunderstanding to the public or damages the legitimate rights and interests of others in its use, it shall be deemed as an inappropriate enterprise name and corrected.
Article 42 Where an enterprise has a name dispute with others, it may apply to the administrative department for industry and commerce for settlement, or bring a lawsuit to the people's court.
Third, how to punish the infringement of the company name?
Article 27 of the Regulations on the Administration of Enterprise Name Registration, if anyone uses the registered enterprise name of another person without authorization or infringes upon the exclusive right to use the enterprise name of another person, the infringed person may request the registration authority where the infringer is located to handle it. The registration authority has the right to order the infringer to stop the infringement, compensate the infringed for the losses caused by the infringement, confiscate the illegal income and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.