What are the differences between business names and service marks
(1)The constituent elements are different. The Company name generally consists of the name of the administrative division, trade name, industry or business characteristics, and organizational form. A trademark can only consist of a distinctive part that distinguishes it from the services provided by others.
(2) The functions are different. Service marks only distinguish the origin of different services, while business names can identify the operations of different companies, including services and goods. A company can have multiple trademarks for services or goods, but generally only one company name.
(3) The applicable legal procedures are different. As long as the service trademark does not violate the prohibited provisions of the Trademark Law and does not infringe the exclusive rights of others' trademarks, it can be used without registration, but there is no exclusive right. The company name must be approved and registered by the competent authority designated by the state before it can be used.
(4) The scope of exclusive rights is different. Once a service trademark is approved and registered, it enjoys exclusive rights nationwide. The company name only enjoys exclusive rights within the specified area.
(5) Expression forms are different. Service marks are expressed in the form of words, graphics and their combinations, and company names can only be expressed in words.
(6) The applicable laws are different. Laws regulating business names vary greatly from country to country, while trademarks are regulated by the Trademark Law and the Anti-Unfair Competition Law.
(7) The trademark can be transferred or licensed to others, but the company name cannot be transferred alone, nor can it be used by others.
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