1. How the law stipulates the right to use a trade name
1. A business entity has the exclusive right to use its trade name, and no other person may interfere or use it illegally;
2. The trade name should be the same as the registered enterprise name;
3. When an enterprise uses its name, it should follow the principle of good faith;
4. Other enterprises If the use of a trade name constitutes infringement, you shall be liable for compensation, etc.
5. Legal basis:
Article 23 of the "Enterprise Name Registration Management Regulations" Article
Using a company name shall comply with laws and regulations, be honest and trustworthy, and shall not damage the legitimate rights and interests of others. If the people's court or the enterprise registration authority determines that the use of the enterprise name should be stopped in accordance with the law, the enterprise shall register the change of the enterprise name within 30 days from the date of receipt of the effective legal document from the people's court or the decision of the enterprise registration authority. Before the name is changed, the enterprise registration authority shall replace the name with the unified social credit code. If an enterprise fails to complete the change registration within the time limit, the enterprise registration authority will include it in the list of abnormal operations; after completing the change registration, the enterprise registration authority will remove it from the list of abnormal operations.
2. What is the use of the right to use the shop?
The right to use the shop can be used by yourself within the agreed period. disposal, proceeds, and can be sublet to others.
The right to use a shop is the right to use the shop for business operations, not ownership, so it cannot be bought or sold.
Usage right refers to the right to use property. Most rights come from leasing, that is, the use right generated by renting from the owner. The owner of the right to use the property does not have ownership rights, so it cannot be bought or sold.
Of course, if the right to use still has a long term and the owner agrees to rent it out, the right to use can be transferred (sublet).
The fixed-year use right buyout is a business model pioneered and used in commercial real estate in Hangzhou. The so-called fixed-year use right buyout means that the developer effectively separates the ownership and use rights of the shops. The developer owns the ownership of the shops, and the use rights of the shops are divided into five years, 10 years, 15 years and 20 years. For a fixed period of time, it is sold to investors or operators in one go. The investors have the income from the use rights of the shops within the fixed period of time, and the operators have the right to use and operate the shops within the fixed period of years. Within a fixed period of time, the right to use the shop can be subleased, transferred and inherited. In essence, the buyout of the right to use for a fixed period of time is a long-term lease contract stipulated in the Civil Code.
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