What are the differences between trademarks and trade names
Trade names are used by commercial entities to show their characteristics that are different from others. A proprietary name used for legal purposes in commercial transactions.
Trademarks and trade names are closely related, as shown in :
(1) Trademarks are used to distinguish different Similar commodities are provided by commodity producers and operators, but their users are fixed. A trade name is also used exclusively by a specific producer and operator in commercial transactions to distinguish it from other commercial entities.
(2) Text and graphics used in the trademark Or the combination thereof and the words used in the trade name must not violate laws, regulations and social public interests.
(3) Trademarks and trade names are goodwill The carriers are all intangible properties with economic value, and the use of both will bring huge profits to the rights holders.
(4) Trademarks and trade names are integrated. Many trade names that meet the prescribed conditions can be used as registered trademarks, and trademarks can also be Register as a trade name.
But the differences between trademarks and trade names cannot be ignored:
First, a trademark is a sign that distinguishes similar goods produced by different commercial entities, and a trade name is a sign that distinguishes different commercial entities. Therefore, a commercial entity can only have one trade name. , but there can be many trademarks representing different goods
Second, the constituent elements of a trademark can be words, graphics and their combinations, but the constituent elements of a trade name are only words.
Third, not every commercial entity has a trademark or registered trademark, but a trade name is something that every commercial entity must have.
Fourth, registered trademarks have a time limit, but can be renewed, while the existence of a trade name No time limit, no renewal required.Fifth , registered trademarks are protected by law nationwide, and commercial entities only have exclusive rights to trade names within the jurisdiction of the registration authority.
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