Dear valued audience,
In today’s Legal Insight program, Hnlaw would like to share an important and frequently encountered topic in business practice — the relationship between trademarks and company names, two elements that may seem independent but are, in fact, closely linked under legal perspectives.
According to the Intellectual Property Law, a trademark is a sign used to distinguish the goods or services of one organization or individual from those of others. Meanwhile, under the Enterprise Law 2025, a person establishing a business may not register a company name that is identical or confusingly similar to that of another enterprise already recorded in the National Enterprise Registration Database. In other words, a company name is also understood as its trade name — an intangible asset that plays an essential role in building the enterprise’s reputation and market identity.
In practice, many businesses choose to register a trademark identical or similar to their company name to create a consistent brand identity. However, problems arise when the mark being registered is identical or similar to a trade name lawfully used by another enterprise. In such cases, registering or using that mark may be considered an infringement of intellectual property rights, as it can cause confusion among consumers regarding the origin of goods or services.
The use or registration of a mark identical or similar to another enterprise’s trade name not only violates the Intellectual Property Law but may also breach the Competition Law due to acts of unfair competition. Therefore, before registering a trademark or choosing a company name, organizations and individuals should carefully search the databases of enterprise registration and national trademark registration. This simple yet crucial step helps avoid legal conflicts, protect brand reputation, and ensure legitimate intellectual property rights.
Hnlaw recommends that enterprises consult intellectual property lawyers early in the process of naming and brand development to ensure a secure and sustainable legal framework for their business operations.