What are the differences between trademarks and trade names
(1) Different signs
Trademarks are marks on goods. Trademarks can only be used on goods, so trademarks Generally, it exists in connection with a specific commodity; a trade name is a symbol of an enterprise's business. It is used in business activities and is associated with the business activities of the industrial and commercial enterprise. Therefore, it often exists in connection with the producer or operator of the commodity.
(2) The registration principles and procedures are different.
For trademark registration, mainland China currently implements the principle of "a combination of voluntary registration and compulsory registration". That is to say, it is stipulated that except for human medicines and tobacco products, the registration of trademarks used on other products is left to the discretion. The trademark owner applies to register the trademark. You can apply to the trademark authority in accordance with the provisions of the Trademark Law. After approval, a "Trademark Registration Certificate" will be issued, and you will obtain the right to register a trademark. Mainland China currently adopts the principle of "compulsory registration" for trade name registration, that is, unregistered trade names cannot be used.
(3) The scope of validity and legal time limit of trademarks and trade names are different.
The exclusive rights of trademarks and trade names have strict geographical restrictions and time restrictions.
Trademark rights have statutory timeliness. Mainland China’s Trademark Law stipulates that “registered trademarks are valid for ten years,” which means that trademark rights are protected by law only within the statutory period. The right to a trade name has no statutory expiration date and it lives and dies with the enterprise.
The territorial effect of trademark rights covers the whole country or a larger area, while the exclusive right to trade names is generally only within the jurisdiction of the registration authority, except for national enterprises. take effect.
At present, in developed countries, it has become a common modern practice to use the special part of a trade name as a trademark for registration. For example, Japan's "Hitachi" and "Toyota", Germany "**" companies, etc. The practice of integrating trademarks and trade names not only achieves the effect of simultaneous publicity of trademarks and trade names, but also can be protected by a dual legal system, which is worth learning from every Chinese business operator.
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