What is a business name and what are the characteristics of a business name
1. What is a trade name
Trade name is the manufacturer's trade name, or business name. As a specific symbol of an enterprise, a trade name is an expression of the legal personality of the enterprise. After the trade name is approved and registered, it can be used in plaques, contracts, product packaging, etc. Its exclusive right to use is not time-sensitive and will only be terminated when the manufacturer to which it is attached dies. Trade name mainly refers to the part of the business name used by operators engaged in production or business activities to express their business names when registering. It is the specific logo and name of factories, shops, companies, groups and other enterprises, and enjoys the exclusive right to use it in accordance with the law.
2. Legal characteristics of trade names
As the external manifestation of a business entity, a trade name has the following legal characteristics:
Trade names are informative. The existence of a trade name is not only information about the subject identification of the publicizer, but also contains other information. This information may include the nature of the subject, value pursuit, product quality, credibility, and operating conditions. , corporate culture, etc.;
Trade names are transferable . Countries generally prohibit trade names from being separated from the main body and transferred separately, which is also a major difference between it and a trademark. A business name can be transferred together with the enterprise or a part of the enterprise. The enterprise name can only be transferred to one enterprise. Enterprise name The transferor and the transferee shall sign a written contract or agreement and submit it to the original registration authority for approval. After the enterprise name is transferred, the transferor shall not continue to use the transferred enterprise name;
The trade name is identifiable. The trade name is the name used by the business entity to represent itself. It is attached to the business entity and is It is an important external sign that distinguishes business entities from each other and expresses the inherent characteristics of their independence. The identifiable business name is also one of the objects of the personality rights of the business entity. For example, the registration of business names in the same industry or that is easily confused is excluded, thus reflecting the commercial The subject has exclusive rights to the trade name, which means that the identification function of the trade name is achieved through exclusive protection of use;
Trade names are economical. As one of the intangible assets of a business entity, a business name has a certain amount of information reserves in the selection and use, and through cooperation with other business entities and the public It can be publicized through contact, so that the trade name becomes one of the carriers of the business entity's business, credit and other information, which undoubtedly gives it corresponding value. In fact, the value of the trade name and the benefits it may generate constitute the basis for the transfer of the trade name. Economic foundation. In addition, a trade name is unique, but an enterprise can have multiple trademarks.
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