The difference between Trade names and trademarks
(1) The signs are different.
Trademarks are marks on goods. Trademarks can only be used on goods, so trademarks generally exist in connection with a specific product; trade names are signs of business operations. It is used in business activities and is related to the business activities of industrial and commercial enterprises. Therefore, it often exists in connection with the producer or operator of the commodity.
(2) The registration principles and procedures are different.
For trademark registration, mainland China currently implements the principle of "combination of voluntary registration and compulsory registration". That is to say, it is stipulated that except for human medicines and tobacco products, the registration of trademarks used on other products is left to the discretion. The trademark owner applies to register the trademark. You can apply to the trademark authority in accordance with the provisions of the Trademark Law. After approval, a "Trademark Registration Certificate" will be issued, and you will obtain the right to register a trademark. Mainland China currently adopts the principle of "compulsory registration" for trade name registration, that is, unregistered trade names cannot be used.
(3) The scope of validity and legal time limit of trademarks and trade names are different.
The exclusive rights of trademarks and trade names have strict geographical restrictions and time restrictions.
-Trademark rights have statutory timeliness. Mainland China’s Trademark Law stipulates that “registered trademarks are valid for ten years,” which means that trademark rights are protected by law only within the statutory period. The right to a trade name has no statutory expiration date and it lives and dies with the enterprise.
-The territorial effect of trademark rights covers the whole country or a larger area, while the exclusive right to trade names is generally only within the jurisdiction of the registration authority, except for national enterprises. take effect.
At present, in developed countries, it has become a common modern practice to use a special part of a trade name as a trademark for registration.
4. Functions and functions are not
First of all, trade names are used to distinguish different companies, while trademarks are used to distinguish different products. Generally speaking, a company or enterprise can only have one trade name. As for trademarks, trademarks can be registered according to different products. Under certain circumstances, trade names can sometimes be used as trademarks, but trademarks cannot be used to a certain extent. of.
5. Different forms of expression
According to the provisions of my country’s Trademark Law, for trademarks It can be used in combination with numbers, graphics, pinyin, colors and English letters. It can also be seen that there is a big difference in expression between the two.
6. The scope and effect of use are different
China’s regulations on trademark rights are that once a trademark is registered It is valid nationwide, and the term of use of trademark rights is also stipulated to be valid for ten years, and can be renewed after expiration; while trade name rights have certain regional restrictions, and must first be approved by the State Administration for Industry and Commerce. It can be used within a certain area after approval, but there is no limit on the period of use of the business name, that is, as long as it is approved, it can be used for life.
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