What are the specific applicable situations for Trade names
1. Trade names mainly refer to businesses engaged in The part used by operators of production or business activities to represent their business names when registering is the specific logo and name of factories, shops, companies, groups and other enterprises, and they enjoy the exclusive right to use it in accordance with the law.
2. Applicable circumstances of trade names:
(1) The right to a trade name has the attribute of personal rights, and The personality and identity of a specific business subject are closely related, and they live and die together with the subject's qualifications.
(2) The right to a trade name can be transferred and inherited, and has the attribute of property rights.
(3) A business name must be exclusive and exclusive within the same business scope within the same administrative region.
(4) The owner of the right to a trade name may use his or her trade name in accordance with the law and has the right to prohibit others from duplicating registration or unauthorized use or misappropriation of his or her trade name within the administrative area; and The right to file a lawsuit for compensation for infringement of its trade name rights.
(5) The right to a trade name can be transferred, licensed or used as a mortgage.
3. Some scholars believe that trade names are synonymous with company names and manufacturer names. Considering that companies are the mainstream form of business entities, this view is understandable, but it is not necessarily true. appropriate.
2. The relationship between trade names and trademarks What are some
Trade names and trademarks are very closely related and often appear together on the same product. In some cases, a trade name can become a trademark. Part or the same thing, but sometimes not.There are differences in functions and properties between trade names and trademarks. The main manifestations are:
(1) Trademarks are mainly used to distinguish goods or services and represent The reputation of a product must be associated with certain specific goods or services to which it is attached. Trademark rights belong to intellectual property rights;
Trade names are mainly used to distinguish enterprises , represents the reputation of the manufacturer and must exist in connection with the producer or operator of the goods. Trade name rights belong to name rights, so trade name rights are more closely related to people or identities.
(2) Trademarks are registered and used in accordance with the provisions of the Trademark Law and have exclusive rights. Its exclusive right is valid nationwide and has statutory timeliness;
The trade name is registered in accordance with the "Company Law" or the "Enterprise Registration Management Regulations", and the same Have exclusive rights. Its exclusive right is valid within the jurisdiction of the registered industrial and commercial administrative agency, and will live and die with the enterprise.
(3) Trademark rights are specifically protected by the Trademark Law;
And trade name rights are only Compare the general principles of civil law regarding the protection methods of enterprise name rights.
(4) When goods with a registered trademark bearing a company's trade name are sold to another country, the trademark must be separately registered in that country, and the trade name does not Additional registration is required.
The above is the relevant analysis of the specific applicable situations of trade names. We can clearly know that trade names mainly refer to operators engaged in production or business activities when registering The part used to represent one's business name during registration is the specific logo and name of a factory, store, company, group, etc., and enjoys the exclusive right to use it in accordance with the law. Legal Savior Network also provides online lawyer consultation services, and you are welcome to make legal consultations.
