How to register a trade name
(1) Registration authority
The commercial registration authority is also the registration authority for business names, and the registration of business names is carried out together with the registration of the establishment of the business entity.
(2) Creation registration
1. Principle of compulsory registration
The principle of compulsory registration is implemented for the trade names of commercial entities. Without registration, a trade name cannot be used, and even if it is used, it cannot obtain legal protection. It is illegal to use an enterprise's trade name to engage in production and business activities without approval and registration.
Trade name registration authority
However, according to the provisions of the "Enterprise Legal Person Registration Management Regulations", enterprises must There is no right to choose the level of the registration authority. Only enterprises established by the state and foreign-funded enterprises can register corporate entities, including trade name registration, with the State Administration for Industry and Commerce, while enterprises established by provinces, cities, counties or municipal districts are registered by the industrial and commercial bureaus at the corresponding levels. Private enterprises , Township enterprises can only register at the county or municipal district industrial and commercial bureau based on this presumption. Obviously, such regulations are not in line with the requirements of fair competition, are not conducive to protecting the legitimate rights and interests of trade name owners, and will also bring confusion to the use and management of trade names. Therefore, taking the market economy as the guide, changing the practice of determining the registration authority of trade names based on the administrative level of enterprises and allowing enterprises to freely choose the level of registration authorities based on their own business capabilities and scope of activities is an issue that should be considered in formulating a new legal system for trade names.
What is the difference between a trademark and a trade name
1. The trade name and the trade name are the same thing, and the trade name is the enterprise The name of a company, while a trademark is the name of a company's product or service.
2. The two jurisdictions are different: the font size needs to beRegister with the local industrial and commercial office, and apply for registration with the National Trademark Office.
3. Different scopes of protection: Font sizes are protected by region. Different administrative regions can register the same font size, which is only protected within this administrative region. Trademarks are national and are protected nationwide once successfully registered.
4. The font size must be registered with the industrial and commercial authorities when the company is established. Trademark registration is voluntary, and whether to register is based on the applicant's voluntary decision.
Trade name
Trade name is the manufacturer's trade name, or business name. As a specific symbol of an enterprise, a trade name is an expression of the legal personality of the enterprise. After the trade name is approved and registered, it can be used in plaques, contracts, product packaging, etc. Its exclusive right to use is not time-sensitive and will only be terminated when the manufacturer to which it is attached dies. In some manufacturers, certain words and graphics are both trade names and trademarks. But for most manufacturers, trade names and trademarks are different. Generally speaking, a trademark must exist in connection with the specific goods to which it is attached, while a trade name must exist in connection with the specific manufacturer that produces or operates the goods.
In fact, in some companies, the trade names and trademarks have similar purposes, and even the trade names and trademarks have the same text or pattern. Therefore, we should provide corresponding legal protection for private property that represents the company's image, such as trade names. Otherwise, it is likely to affect the company's reputation. The editor of Legal Savior Network has carefully collected the above content for you. If the above content cannot solve the problem, you are welcome to consult the professional legal advisor of Legal Savior Network.