What are the legal provisions on the right to use trade names
"Enterprise Name Registration Management Regulations" "Article 20" stipulates: "The name used in the enterprise's seal, bank account, plaque and letterhead should be the same as the registered enterprise name. The name plaques of enterprises engaged in commerce, public catering, services and other industries can be appropriately simplified, but they should be reported The registration authority shall file the record." Articles 36, 37, 38, and 39 of the "Enterprise Name Registration Management Implementation Measures" respectively stipulate: "The enterprise shall indicate the enterprise name at its domicile." "The enterprise's seal, bank account, letterhead, products or The company name used in its packaging, etc., should be the same as the company name on its business license." "The company name used in legal documents should be the same as the company name on the company's business license." "The company's use of name should follow the principle of good faith ." Obviously, in addition to these restrictive regulations, companies can also use trade names in many situations.
The difference between trade name rights and trademark rights
1. Different functions and functions
Trademarks are mainly used to distinguish For goods, they represent the reputation of the goods and must exist in connection with certain specific goods to which they are attached. 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 product. Trade name rights belong to the category of name rights. There is currently no consensus on what rights the trade name rights belong to.
2. Different forms of expression
According to "Enterprise Name"Article 10 of the Registration Management Regulations stipulates that a trade name should consist of more than two characters and can only be expressed in Chinese characters. Numbers, graphics, pinyin, English letters, etc. are all excluded. The expression forms of trademarks are complex and diverse, in accordance with the provisions of the Trademark Law. Text, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, can be registered as trademarks. Some countries even register sounds, smells, etc. as trademarks.
3. The implementation of exclusive rights is different from the procedures
The implementation of trade name rights only needs to be carried out in accordance with Hierarchical requirements: After the industrial and commercial department applies for an enterprise name, it obtains the name rights and the trade name rights at the same time, which may be calculated in an instant in terms of time. The acquisition of trademark rights requires procedures such as application, review, announcement, and opposition from application to acquisition of rights, which can take up to two years or even longer.
4. The scope of validity is different across regions and time and space
my country’s trademark rights are available throughout the country The validity of the law, according to the provisions of the Trademark Law, is valid for ten years, but can be renewed indefinitely, and it also has priority in contracting countries according to the Madrid Agreement. In addition to being approved by 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. However, its temporal and spatial validity is a one-time application and is valid for life. As long as the subject exists, the trade name rights The right to name the company will always exist.
5. The realization of rights is different
The realization of trade name rights depends on the commercial subject. Including the continued use of the subject corporate name by manufacturers or service providers. Trademark rights are mostly realized by marking specific goods or services. However, the protection of trademark rights also depends on the existence of the company. If the company dies, the trademark rights will have no meaning, and the trade name rights will also die. .
6. The basis for creation and degree of protection are different
The basis for obtaining trademark rights is that our country The "Trademark Law of the People's Republic of China" enacted by the National People's Congress 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 was 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 own countless trademarks.
We can know from the above description , the right to use trade names is exclusive, so no individual or unit is allowed to illegally interfere. The right to use trade names is also an object that is often infringed in practice, which often leads to infringement disputes. Therefore, the editor recommends that if you encounter relevant incidents, you should promptly Contact the professional lawyers on the Legal Savior website. We have the most professional lawyers to provide you with legal help to protect your legitimate rights and interests.
No comments yet. Say something...