Is the corporate trade name the company name?
No.
The difference between corporate trade name and company name:
1. The company name is a necessary condition for the establishment of a legal person. It is generated before the establishment of the company. After the company name is approved and registered in accordance with the law, the company will also Only when other conditions are met can you apply for establishment; a trade name is created by the enterprise based on the approved and registered enterprise name after its establishment and is used in business activities.
2. A business name is a personality right and cannot be transferred; a trade name is a commercial personality right and has intellectual property attributes and can be transferred in accordance with the law.
3. The enterprise name shall be registered with the registration authority in accordance with the law and shall not be used without registration; the trade name shall be effective once used and no registration is required.
4. The name of a company can generally reflect the location, industry and organizational form of the company; the literal name of the company generally cannot reflect relevant information
5. Enterprise names are generally used in government management, contracts, litigation and other occasions; trade names are generally used in advertising, product packaging and other business fields
6. An enterprise and its branches have names registered in accordance with the law, but only the enterprise itself can have a trade name. For example, a branch has a name registered in accordance with the law, but the branch does not have an independent trade name
In addition, the company name is the name of the company or enterprise as a legal person. The name belongs to a legal person's personal rights and cannot be transferred. It exists with the existence of the legal person and dies with the demise of the legal person. It's like a person's name, a business name is like a pen name, and a person's name is like a pen name.Regarding personality, applying for an ID card is like registering. There is no need to register a pen name. Although it still represents you, it is still not as good as your real name.
What is a 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. Trade name mainly refers to the part of the business name used by operators engaged in production or business activities to express their business names when registering. It is the specific logo and name of factories, shops, companies, groups and other enterprises, and enjoys the exclusive right to use it in accordance with the law.
Legal Characteristics of a Trade Name
As a foreign entity of a business entity In the form of expression, a trade name has the following legal characteristics:
A trade name is informational. The existence of a trade name is not only information about the subject identification of the publicized trader, but also includes other information. This information may include the nature of the subject, value pursuit, product quality, credibility, operating conditions, corporate culture, etc.;
Trade names are transferable. Countries generally prohibit a trade name from being separated from the business entity and transferred separately. This is also a major difference between it and a trademark. The business name can be transferred together with the business or part of the business. A business name can only be transferred to one business. The transferor and transferee of the enterprise name shall sign a written contract or agreement and submit it to the original registration authority for approval. After the business name is transferred, the transferor shall not continue to use the transferred business name;
The trade name is identifiable. A trade name is a name used by a business entity to represent itself. It is attached to the business entity. It is an important external symbol that distinguishes the business entities from each other and expresses the inherent characteristics of their independence. The identifiable trade name is also one of the objects of the business owner's personality rights. For example, the registration exclusion of trade names in the same industry or that are easily confused, thus reflecting that commercial entities have exclusive rights to trade names, that is to say, the identification function of trade names is achieved through the protection of exclusive use;
Business name is economical. as a businessA trade name, one of the main intangible assets, has a certain amount of information reserves in the selection and use, and is publicized through contact with other business entities and the public, thus making the trade name one of the carriers of business entities' business, credit and other information. This undoubtedly gives it corresponding value. In fact, the value of the trade name and the benefits it may generate form the economic basis for the transfer of the trade name. In addition, a trade name is unique, but a company can have multiple trademarks.
The above is the introduction of corporate trade names introduced by the editor to you. When you are thinking of a good business name, it is best to have something distinctive. If necessary, it is best to apply for a trademark, so as to prevent others from abusing it. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.
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