1. How to obtain trade name rights
1. Apply for acquisition , that is, the parties can submit relevant information and materials through the enterprise name declaration system or at the service window of the enterprise registration authority, and declare independently;
2. Transfer acquisition, that is, the parties can Obtain trade name rights by entering into a transfer agreement with another person.
3. Legal basis: "Enterprise Name Registration Management Regulations"
Article 16: The enterprise name shall be declared by the applicant independently. Applicants can submit relevant information and materials through the enterprise name declaration system or at the service window of the enterprise registration authority, query, compare and screen the proposed enterprise names, and select enterprise names that meet the requirements of these regulations. The information and materials submitted by the applicant should be true, accurate, and complete, and they promise to bear legal responsibility in accordance with the law if their company name is similar to the name of another person's company and infringes upon the legitimate rights and interests of others.
Article 19: If a company name is transferred or authorized to be used by others, the relevant company shall disclose it to the public through the national enterprise credit information disclosure system in accordance with the law.
2. What does the protection of trade name rights include?
Trade name rights refer to the business names registered by commercial entities. Exclusive right to use according to law. Our country's laws do not clearly stipulate trade name rights, but the Civil Code has specific provisions on the protection of corporate name rights. Trade name rights have personal rightsAttributes are closely related to the personality and identity of a specific business subject, and they live and die together with the subject's qualifications. It has the attribute of spiritual property rights. According to international practice, the exclusivity and exclusiveness of trade name rights are confirmed. Trade name rights holders may use their trade names in accordance with the law, and have the right to prohibit others from repeating registration or unauthorized use or misappropriation of their trade names, and have the right to file lawsuits for compensation for infringement of their trade name rights. The protection of trade name rights is the protection of the content of trade name rights, which includes the following aspects:
1. Right to use. That is to say, the owner of the trade name can use his trade name independently in accordance with the law.
2. Right to prohibit. It is prohibited for others to register a trade name that is the same as or similar to its trade name; it is prohibited for others to use its trade name without authorization.
3. Transfer right. The owner of a trade name has the right to transfer his trade name to others for use in accordance with the law.
4. Permission to use. Trade name rights holders have the right to allow others to use their trade names.
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