What are the differences between trade names and trademarks
It is generally believed that both trademark rights and trade name rights are intangible properties and have Exclusive rights, usage rights, and transfer rights also include the right to license use. However, trade names are used to distinguish operators, and trademarks are used to distinguish goods and services. Therefore, trade name rights and trademark rights are completely different rights. The differences are mainly reflected in the following aspects:
(1) Functions and effects are different.
Trademarks are mainly used to distinguish goods and represent The reputation of a product must exist in connection with certain specific products to which it is attached, and trademark rights are intellectual property rights. Trade names are mainly used to distinguish companies. It represents the reputation of the manufacturer and must exist in connection with the producer or operator of the goods. The scope of the trade name right belongs to the name right and what kind of rights the trade name right belongs to is currently inconsistent.
(2) Different forms of expression.
According to the "Enterprise Name Registration and Management Regulations", a trade name should consist of more than two characters and can only be represented by Chinese characters. Numbers, graphics, pinyin, English letters, etc. are excluded . The expression forms of trademarks are complex and diverse. According to the provisions of the Trademark Law, words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, can be registered as trademarks. In some countries, even Register sounds, smells, etc. as trademarks.
(3) The implementation method of exclusive rights is different from the procedures.
To realize the trade name right, you only need to apply for the enterprise name with the industrial and commercial department in accordance with the requirements of the hierarchy, and obtain the name right as well as the trade name right. In terms of time, it may be an instant. And the acquisition of trademark right starts from the application to the right. Obtaining it requires procedures such as application, review, announcement, and objection, which can take up to two years or even longer.
(4) The scope of effectiveness is different in region and time and space.
China's trademark rights have legal effect throughout the country. According to Article 39 of the "Trademark Law", they are valid for ten years, but can be renewed unlimited times, and according to The Madrid Agreement also has priority in the contracting countries. In addition to the approval of the State Administration for Industry and Commerce, the effect of trade name rights is generally limited to certain administrative divisions such as provinces, cities, and counties, but its temporal and spatial effect is once The application is valid for life. As long as the subject exists, the trade name right will exist forever along with the enterprise name right.
(5) Rights are realized in different ways.
The realization of trade name rights depends on the continuous use of the subject corporate name by commercial entities, including manufacturers or service providers. The main way to realize trademark rights is to mark them on specific goods or services.
(6) Different basis and degree of protection .
The basis for obtaining trademark rights is formulated by the National People's Congress of my country The "Trademark Law of the People's Republic of China" falls within the scope of law and the basis for obtaining trade name rights is the "Provisions on the Registration and Management of Enterprise Names", which are approved by the State Council and issued by order of the Industry and Commerce Bureau. Therefore, it can only belong to administrative regulations, and this regulation does not directly determine the acquisition of trade name rights, but is combined with the enterprise name right. Therefore, just looking at the effectiveness of the basis itself, it is obvious that the difference in protection intensity is obvious.
(7) The same commercial entity can only own One trade name, but can have numerous trademarks.
Trade names and trademarks also have many similarities, mainly Shown in:
(1) The scope of rights is basically same.
Both trademark rights and trade name rights are intangible properties. They all have exclusive rights, use rights, and transfer rights, and they all belong to the category of intellectual property rights. However, the intellectual property rights of a store still remain in expert discussion and theoretical research.
(2) are all important components of goodwill.
Both can represent and differentiate products Or the source of services, quality assurance, advertising and other functions.
(3) Exclusive rights as a commercial subject , the tort liability of the two is very similar, and both fall into the category of unfair competition.
(4) Between the two as permitted by law Consistency can be achieved within the range.
That is, a business name can apply for trademark registration, and a trademark can apply trade name. Moreover, the trademark and trade name can be the same.
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