What are the criteria for judging it to be the same company?
To judge it to be the same company The standard for a trade name is that it behaves similarly to a trademark but must be in the same region to be judged as the same trade name.
There is an identical or similar trademark.Trade names and trademarks also have many similarities, mainly in:
(1) The scope of rights is basically the same.
Both trademark rights and trade name rights are intangible properties, and both have exclusive rights, use rights, and transfer rights. They also belong to the category of intellectual property rights, but the knowledge of the trade name Property rights ownership still remains in expert discussion and theoretical research.
(2) They are all important components of goodwill.
Both can serve the functions of indicating and distinguishing the source of goods or services, ensuring quality, and advertising.
(3) As the exclusive rights of commercial entities, the tort liability of the two is very similar, and both fall into the category of unfair competition.
(4) Consistency can be formed between the two within the scope permitted by law.
That is, a business name can apply for trademark registration, and a trademark can apply for a trade name. Moreover, the trademark and trade name can be the same.
my country’s laws do not clearly provide for trade 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 coexists with the qualifications of the subject.Destroy together. The right to a trade name can be transferred and inherited, and has the attribute of property rights. A trade name is exclusive and exclusive within the same business scope within the same administrative region. 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 within the administrative area. They also have the right to file lawsuits and demand compensation for infringements of their trade name rights. The right to a trade name can be transferred, licensed or mortgaged.
Based on the relevant answers to the above content, it can be concluded that if the trade name is in the same region and behaves similar to the trademark, it can be judged. It is the same trade name. The same trade name does not have much influence. As long as who has the greater influence, whoever registers the trademark first will have the right to use it, and the other party will be involved in infringement. If you have relevant legal advice, you can call the law. Savior.com online lawyer answers.
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