What are the differences between trade name rights and trademark rights?
1. The objects are different. The object of trademark rights is the trademark applied for and approved for registration, which is a sign that distinguishes goods and sources, while the object of trade name rights is only a sign that distinguishes the enterprise itself. It has the attribute of personal rights and is closely related to the personality and identity of a specific business entity. Subject qualifications rise and die together.
2. The registration authorities are different. To obtain trademark rights, you must submit an application to the Trademark Office of the State Administration for Industry and Commerce, and to obtain trade name rights, you must submit an application to the local industrial and commercial administration agency.
3. The rights are different in nature. Trademark rights belong to intellectual property rights; in my country, trade name rights belong to name rights, so trade name rights are more closely related to a person or identity. In the legislation of some countries and international organizations, trade name rights are stipulated as intellectual property rights, and it is believed that trade name rights also have some attributes of intellectual property rights.
4. The scope of rights and timeliness are different. The exercise of trademark rights is valid nationwide and has statutory timeliness. The period of use is 10 years and can be renewed upon expiration.
The exercise of trade name rights shall be subject to the registration of the industrial and commercial administration It is valid within the geographical scope under the jurisdiction of the management agency and will live and die with the enterprise.
5. The applicable laws are different. The trademark owner applies for registration and use in accordance with the provisions of the Trademark Law, and the trade name owner registers in accordance with the Company Law or the Enterprise Registration Management Regulations.
6. Different forms of expression. A trademark consists of words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as a combination of the above elements, and is expressed through the above; while a trade name can only be expressed through Chinese characters.
"Trademark Law of the People's Republic of China"
Article 3: Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark , protected by law.
Collective trademarks referred to in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial activities to identify the user. A sign of membership in the organization.
Marks used on goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
The above knowledge is the editor’s answer to the question “What are the differences between trade name rights and trademark rights?” The differences between trade name rights and trademark rights include different registration authorities, The objects are different, the nature of the rights is different, the scope of rights and timeliness are different, etc. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
