What are trade name rights and trademark rights?
Trade name rights, and Commercial name rights refer to the rights that merchants have over their trade names, including the right to use the trade name and the exclusive right to use the trade name.
Trademark rights refer to the exclusive and exclusive rights enjoyed by trademark owners over their trademarks. Since the acquisition of trademark rights in my country follows the registration principle, trademark rights are actually exclusive rights applied by the trademark owner and confirmed by the National Trademark Office, that is, exclusive rights arising from trademark registration.
Characteristics of trade name rights
First, the right to trade name has The attribute of personal rights is closely related to the personality and identity of a specific business subject, and it will live and die together with the subject's qualifications.
Second, the right to a trade name has the attribute of spiritual property rights, and the right to a trade name is exclusive and exclusive. Trade name rights holders may use their trade names in accordance with the law, and have the right to prohibit others from repeating registration or unauthorized use or misappropriation of their trade names, and have the right to file lawsuits for compensation for infringement of their trade name rights.
Third, the right to a trade name can be transferred. The laws of various countries have different regulations. The provisions of the Civil Code of my country allow the sale, licensing, or mortgage of trade names.
Characteristics of trademark rights
Exclusivity
Also known as exclusivity or monopoly, it refers to trademark registration A person enjoys the exclusive right to use its registered trademark. The basic purpose of granting the owner of a registered trademark the exclusive right to use is to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion.Confused and able to receive accurate product source information. In other words, any unauthorized use in commerce will constitute an infringement of trademark exclusive rights.
Timeliness
Refers to the validity period of the exclusive right of a trademark. Within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law. The trademark laws of various countries generally stipulate the protection period of the exclusive right to trademark. Some countries stipulate a longer period, and some countries stipulate a shorter period, ranging from twenty years at most to seven years, and most of them are ten years.
Regionality
Refers to the fact that the protection of trademark exclusive rights is limited by geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect it. If a trademark registered in my country wants to obtain exclusive trademark rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement.
Property
The exclusive right to trademark is an intangible property right. The entire exclusive right to trademark is an intellectual achievement, which embodies the hard work and labor of the right holder. Intellectual achievements are different from tangible material wealth. Although they need to be expressed through a certain carrier, the carrier itself does not have much economic value. What can only embody huge economic value is the intellectual achievements contained in the carrier.
Category
Category, the Trademark Office of the State Administration for Industry and Commerce shall apply for trademark registration according to The categories and names of goods (services) approved in the "Application for Trademark Registration" submitted by the person shall be reviewed and approved.
Therefore, after reading this article, everyone has a corresponding understanding of trade name rights and trademark rights. In practice, we encounter more trademark rights, so Everyone needs to know more about trade name rights. This article also introduces relevant knowledge to everyone, I hope it can be of some help. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
