Is the trade name protected by law?

A Trade name is a name owned by an enterprise within a certain geographical area and approved and registered by the local industrial and commercial administration department to distinguish different enterprises. It has a strong regional character. Are business names protected by law in China? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Is the trade name protected by law

Trade names are protected by law.

The trade name is approved by the local industrial and commercial administration department , which means that once you leave the jurisdiction of the industrial and commercial administrative department, the same trade name as yours may appear, so there are many cases where there is more than one trade name. This is the biggest difference between a trade name and a trademark.

Our country’s law does not clearly provide for trade name rights, but The Civil Code has specific provisions on the protection of corporate name rights. The right to a trade name has the attribute of personal rights, which is closely related to the personality and identity of a specific commercial subject, and will live and die together with the subject's qualifications. Trade name rights also have the attribute of spiritual property rights. According to international practice, the exclusivity and exclusiveness of trade name rights are confirmed.

Trade name rights holders can not only use their trade names in accordance with the law, but also 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 against infringements of their trade name rights. compensation. Regarding the transfer of trade name rights, the laws of various countries have different provisions. The provisions of the General Principles of Civil Law in my country are similar to the provisions of French law: the sale and licensing of trade names are allowed.Use or set as collateral.

my country's laws on trade name rights all adopt registration to take effect. ism. For example, Article 3 of the "Enterprise Name Registration Management Regulations" stipulates that an enterprise name can only be used after approval and registration, and it enjoys exclusive rights within the prescribed scope. Article 26 also stipulates that those who use an unapproved and registered enterprise name to engage in production and business activities will be punished accordingly.

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