Can I sue others for abusing my factory name?

Fraudulent use of other people's factory name and address may directly revoke the business license, which also violates the other party's trademark rights. If there are illegal gains after fraudulently using the factory name and address, all these illegal gains will be confiscated, and criminal responsibility will be investigated if the circumstances are serious. The product quality law stipulates that producers and sellers shall not forge or falsely use other people's factory names and addresses. The above-mentioned behavior belongs to the behavior of deceiving consumers, and at the same time, the fraudulent use of other people's factory names also belongs to the behavior of infringing other people's name rights.

Whoever forges or falsely uses another person's factory name and address shall bear civil liability according to law, and shall also be investigated for administrative responsibility according to law. According to the provisions of the Product Quality Law, if a producer or seller forges or fraudulently uses another person's factory name or address, the administrative law enforcement organ shall order the producer or seller to stop forging or fraudulently using another person's factory name or address; Confiscation of products illegally produced and sold that are forged or fraudulently used by other people's factory names and addresses; In addition, a fine of less than the equivalent value of the products illegally produced and sold shall be imposed, and the specific amount shall be decided by the administrative law enforcement organ according to the circumstances of the illegal act; Illegal income, confiscate the illegal income; If a producer or seller forges or falsely uses another person's factory name and address, and the products produced or sold have serious circumstances such as large quantity and multiple times, the administrative department for industry and commerce shall revoke its business license.

Legal basis:

People's Republic of China (PRC) product quality law

Article 30 A producer shall not forge the place of origin, or forge or falsely use the name and address of another factory.

Article 53 Whoever forges the place of origin of products, forges or fraudulently uses the name and address of other people's factories, forges or fraudulently uses quality marks such as certification marks, shall be ordered to make corrections, the products illegally produced and sold shall be confiscated, and a fine of less than the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.

People's Republic of China (PRC) Anti-unfair Competition Law

Article 6 An operator shall not commit any of the following confusing acts, so that people may mistakenly think that it is another person's commodity or have a specific connection with another person:

(a) unauthorized use of the same or similar signs such as commodity names, packaging and decoration that have certain influence on others;

(2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), social organizations (including abbreviation, etc. ) and name (including pen name, stage name, translated name, etc. ) has a certain influence on others;

(three) unauthorized use of domain names, website names, web pages and other major parts. , have a certain influence on others;

(four) other confusing acts that can make people mistakenly think that they are other people's goods or have specific connections with others.

Article 18 Where an operator violates the provisions of Article 6 of this Law and confuses the audience, the supervision and inspection department shall order him to stop the illegal act and confiscate the illegal commodities. If the illegal business amount is more than 50 thousand yuan, a fine of less than 5 times the illegal business amount may be imposed; If there is no illegal business amount or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed. If the circumstances are serious, the business license shall be revoked.

If the registered enterprise name of an operator violates the provisions of Article 6 of this Law, it shall register the name change in time; Before the name is changed, the original enterprise registration authority shall change its name into a unified social credit code.