Can I continue using a company name that has been registered as a trademark?

Using your own name to start a company seems natural, right? But if someone has already trademarked your name, you might not even be able to use it!

I. Typical Cases

Old Li registered "Li's Food" company in 2015 and used it normally. In 2023, he suddenly received a lawyer's letter stating that "Li's" had been trademarked by another party for the food category, demanding he stop using the business name. Old Li felt wronged: "I was here first!"

II. Distinction Between Trade Name Rights and Trademark Rights

A company name (trade name) gains usage rights upon approval by the local business registration authority, but its protection is limited to that jurisdiction. A trademark, once registered with the National Intellectual Property Administration, enjoys nationwide protection. Since these two rights belong to separate legal frameworks, conflicts are inevitable.

III. Conflict Resolution Principles

1. Priority of Prior Rights: If you can prove that the trade name was used in good faith and has gained a certain level of influence prior to the trademark registration, you may continue to use it within its original scope.

2. Principle of Good Faith: Trademarks maliciously registered to exploit well-known names or brands may be declared invalid.

3. Reasonable Defense: Using one's own name as a trade name constitutes a legitimate exercise of the right to one's name.

IV. Recommendations for Corporate Brand Protection

1. File for a trademark as soon as possible after company registration to ensure unified protection of your business name and trademark.

2. Multi-class defensive registration to prevent others from registering similar marks in related classes.

3. Monitor trademark gazettes regularly and file oppositions promptly against similar marks.

4. Keep proof of use ready in case of a dispute.

A brand is a company's most valuable intangible asset. For professional services regarding trademark strategy or rights conflicts, please contact the Intellectual Property team at Fujian Ciji Law Firm.