What is the concept of trade name
Trade name, also known as business name, It is the name used by a commercial business entity when engaging in commercial activities, that is, the name used by a commercial entity to sign or allow its agent to use it to conduct commercial transactions with others when performing legal acts in commercial transactions. As a representative symbol of commercial entities, trade names can not only distinguish different commercial entities, reduce and avoid confusion in transactions, but also play an important role in maintaining fair competition.
Characteristics of a trade name
1. A trade name is a business operation The name of the principal. A trade name is a symbol that distinguishes different commercial entities. Generally speaking, in the same business in the same area, different commercial entities should use different trade names. A trade name is different from a trademark, which only distinguishes products or services within a certain range. The legal protection of trade names is limited to the name of the trade name, and it does not protect the products of the trade name. However, there is also a certain relationship between trade names and trademarks. Some trade names are used as trademarks due to their long history and wide influence. For example, "Zhang*quan" Scissors Factory uses "Zhang*quan" as the trademark of scissors. Some trademarks are well-known due to their high popularity. , is used as a trade name, such as "Coca-Cola" is used in the name of the manufacturer.
2. A trade name is the name used by a commercial entity in commercial transactions. A trade name is a symbol used by a commercial entity to distinguish it from other commercial entities in its business operations. Its purpose is to avoid entity confusion and business confusion during the transaction process.
3. The trade name and the commercial subject are inseparable. A trade name cannot exist independently from the subject it marks.
The difference between trade names and trademarks
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1. Different functions and functions
First of all, trade names are used to distinguish different companies, while trademarks are used to distinguish different products. Generally speaking, a company or enterprise can only have one trade name. As for trademarks, trademarks can be registered according to different products. Under certain circumstances, trade names can sometimes be used as trademarks, but trademarks cannot be used to a certain extent. of.
2. Different forms of expression
According to the provisions of the "Enterprise Name Registration Management Regulations", Trade names generally can only be composed of two or more characters. According to the provisions of my country's Trademark Law, trademarks can be combined with numbers, graphics, pinyin, colors, and English letters. It can also be seen that there is a big difference in expression between the two.
3. The scope and effect of use are different
China’s regulations on trademark rights are trademarks Once registered, it is valid nationwide, and the useful life of trademark rights is also stipulated to be ten years, and can be renewed after expiration; while trade name rights have certain regional restrictions, and must first be approved by the national industrial and commercial administration It can be used within a certain area after approval by the General Administration, but there is no limit on the period of use of the business name, that is, as long as it is approved, it can be used for life.
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