What is the difference between a trade name (business name) and a trademark
A trade name is an enterprise within a certain geographical scope The name owned by the local industrial and commercial administration department is approved and registered to distinguish different enterprises. It has a strong regional character. A trademark is a sign used by an enterprise to distinguish its own goods or services from those of others. It is protected nationwide after approval by the State Trademark Office.
In practice, many companies and individuals confuse trade names and trademarks, thinking that the two are the same. In fact, no matter how they are compared, they are very different.
First of all, from the perspective of management organization, the trade name is Approved by the local industrial and commercial administrative department, this means that once you leave the jurisdiction of the industrial and commercial administrative department, the same trade name as your own may appear. The registration of trademarks is the responsibility of the National Trademark Office, and there is only one in the country. Therefore, It is very unlikely that the trademarks are identical or similar;
Secondly, in terms of the intensity of protection, trade names (business names) are adjusted and protected by the local "Enterprise Registration Management Measures", and the intensity of protection is greatly restricted by geography, while trademarks are governed by the "Business Registration Management Measures".The scope of protection covers the whole country, and the application of the law itself is higher than the protection of trade names;
Third, under normal circumstances, when there is a dispute between the two, the trademark rights should be protected first. For the above reasons, many companies not only register their trade names (company names), but also register their trade names as trademarks to obtain relatively complete protection.
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