How to distinguish the difference between trademark exclusive rights and trade names
A trade name is part of a business name. Enterprises include industrial enterprises, transportation enterprises, construction enterprises, commercial enterprises, etc. Every enterprise has a name, but only the business name of a commercial enterprise is called a trade name. Just like *tang, Rui*xiang and Quan*de time-honored brands. A trade name is not the entire name of a commercial enterprise, but a specific part of it.
Trade name right is also called trade name right. Understanding it There are broad and narrow senses. In the broad sense, it generally refers to the right of a business name, and in the narrow sense, it only refers to the rights enjoyed by the trade name in the name of a commercial enterprise. The trade name right in this article includes the rights enjoyed by the enterprise to its name and trade name. Registered trademarks, which are the objects of trademark rights, and trade names, which are the objects of trade name rights, are spiritual wealth created by people. They are both signs with distinctive characteristics and should be protected by law.
The object of trademark right is a registered trademark, which is a distinction The trademark right is a mark that distinguishes the products of an enterprise from the products of other enterprises, and the object of the trade name right is only a mark that distinguishes the enterprise itself; the validity of the trademark right extends to the whole country, while the validity of the trade name right only extends to the area where the trade name is registered.
However, the trade name owner will If its trade name is registered as a trademark, it will receive the same protection as a registered trademark. (Note: Except for commercial enterprisesFor enterprises other than those in the industry, the specific part of their name can also be registered as a trademark as long as it meets the requirements for trademark registration.
What is the difference between trade name rights and trademark rights
1. Different objects: the object of trademark rights is the trademark applied for and approved for registration, which is a sign that distinguishes goods and sources, while the object of trade name rights is only a sign that distinguishes the enterprise itself, with It has the attribute of personal rights, is closely related to the personality and identity of a specific business subject, and will live and die together with the subject's qualifications. For example: If a company is canceled and a new company is established, its trade name rights will be lost, but the trademark rights can be transferred. If the trademark is transferred, it will belong to the new company's name.
2. The registration authorities are different. To obtain trademark rights, you must submit an application to the Trademark Office of the State Administration for Industry and Commerce, and to obtain trade name rights, you must submit an application to the local industrial and commercial administration agency.
3, are different in nature. Trademark rights belong to intellectual property rights; in my country, trade name rights belong to name rights, so trade name rights are more closely related to a person or identity. In the legislation of some countries and international organizations, trade name rights are stipulated as intellectual property rights, and it is believed that trade name rights also have some attributes of intellectual property rights.
4, Applicable laws vary. The trademark owner applies for registration and use in accordance with the provisions of the Trademark Law, and the trade name owner registers in accordance with the Company Law or the Enterprise Registration Management Regulations.
5, have different expression forms. A trademark consists of words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as a combination of the above elements, and is expressed through the above; while a trade name can only be expressed through Chinese characters.
6
