What are the legal provisions for the transfer of business names
Trade name transfer means that a business entity transfers all its trade name rights The effect of the transferee's actions is that the transferor loses the right to trade name and the transferee becomes the subject of the trade name.
As a property right, a trade name determines its transferability and inheritance . A businessman becomes a businessman because he conducts business as a profession. The ownership rights of a trade name do not need to be accompanied by personality or identity. The right to a trade name is an important symbol that distinguishes a businessman from others in business. It is combined with the goodwill of the business entity and has the value of property rights. However, because the trade name also has personality rights and exists attached to the business entity, it is the right of a natural person's name in the merchant. extension of the field. Therefore, there are certain restrictions on the transfer of trade names. There are two different legislative models internationally.
(1) No separate transfer doctrine (absolute transfer doctrine).
(2) Can be transferred individually (relative transfer doctrine). This kind of business name can beAccording to the principle of separate transfer, it is not necessary to transfer together with the business. That is to say, a trade name can be transferred separately from its business. Not only can a business entity transfer a trade name independently without transferring the business, but multiple businesses can also use a trade name together. After the trade name is transferred, the transferor still enjoys the right to use it and other rights. The transferee also obtains the right to use the trade name and other rights.
From the perspective of our country’s legal regulations on the transfer of trade names , allowing the transfer of trade names. Adopt a legislative model that cannot be transferred individually, and in order to protect the legitimate rights and interests of the trade name owner, the transferor of the trade name usually adopts the principle of paid transfer, that is, when the trade name owner transfers the trade name rights to others for use, the transferee must pay corresponding fees . At the same time, the transfer of a trade name must be signed in writing by the transferor and the transferee and submitted to the Administration for Industry and Commerce for approval. If it is not registered, it cannot be used against third parties.
The transfer of a trade name can be done separately or together with Its business is transferred together
Most countries avoid Due to the chaos of transactions, strict regulations have been adopted on the transfer of business names, and it is advocated that the transfer of a business name must be transferred together with its business. Although there are fewer countries that advocate that trade names can be transferred independently of business operations, they are not absent. France is a typical example among developed capitalist countries. Therefore, we must explore the space and rationality for the existence of independent transferability, and activate and develop commercial trade in the market economy. The author believes that there are several reasons for adopting the doctrine of separate transfer of trade names.
1. The separate transfer of a trade name has a basis for actual existence . For example, among businessmen with the same business, if one businessman's business name is more famous, another businessman can give up his own business name, pay a certain amount of compensation, and accept the more famous business name for use in his own business, thereby achieving profitability. purpose, while the original trade name owner continues to use his own trade name and conduct business with it. This kind of phenomenon exists in large quantities in real life, so the independent transfer doctrine has a realistic basis for its existence.
2. With the development of the meaning of the trade name, it is reasonable to transfer it separately. Those who support the doctrine of absolute transfer believe that the credit of a trade name is gradually developed by businessmen through honest, trustworthy and diligent management in the long-term business process. If a trade name is allowed to be transferred individually, it will inevitably be suspected of defrauding the public.
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