What are the characteristics of trade name rights?
First, trade name rights have the attribute of personal rights , is closely related to the personality and identity of a specific business subject, and will live and die together with the subject's qualifications.
Second, the right to a trade name has the attribute of spiritual property rights, and the right to a trade name is exclusive and exclusive. Trade name rights holders may use their trade names in accordance with the law, and 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 for compensation for infringement of their trade name rights.
Third, the right to trade names can be transferred. The laws of various countries have different regulations. The provisions of the General Principles of Civil Law in my country allow the sale, licensing, or mortgage of trade names.
Relevant knowledge: Contents of trade name rights
1. Right to use. That is, the owner of the trade name can use his trade name independently in accordance with the law.
2. Right to prohibit. Prohibit others from registering a trade name that is the same as or similar to its trade name; prohibit others from using its trade name without authorization.
3. Right to transfer. The owner of the trade name right has the right to transfer his trade name to others for use in accordance with the law.
4. Permission to use. The owner of the trade name right has the right to allow others to use his or her trade name. Through the academic analysis of the nature and content of trade name rights, it is not difficult for us toIt is concluded that the trade name right has the characteristics of intellectual property and the trade name right is an intangible property right.
Acquisition of trade name rights
Trade name There are usually three ways to acquire rights, depending on the legislation of each country: the use of acquisition doctrine, the registration confrontation doctrine, and the registration effectiveness doctrine. Our country's laws on trade name rights all adopt the principle of registration validity. 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. Therefore, for domestic parties, only if the registration date of the trade name is earlier than the date of application for registration of the trademark, the party is eligible to claim its prior trade name rights.
According to Article 8 of the Paris Convention for the Protection of Industrial Property, “the name of a manufacturer shall be protected in all countries of the Union without the obligation to apply or register. , regardless of whether it forms part of the trademark." Therefore, for parties registered under foreign laws, their trade names are not required to be registered in China, but they should prove that their trade names have been used previously in China.
After reading this article, you should be clear about the legal characteristics of trade name rights. This is a common sense issue that people who are not clear about must understand in order to understand their own rights. There is more help with the legal exclusive rights to use a business name. This article also introduces some relevant knowledge about trade name rights, so you can learn more about it. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.