What are the differences between trade names and font sizes?
The relationship between trade names and trademarks is extremely Closely, often appearing together on the same product, a trade name can become a trademark in some cases, a component or the same content, but sometimes it is not. Trade names and trademarks are different in function and nature, mainly as follows:
(1) Trademarks are mainly used to distinguish goods or services and represent The reputation of a product must be associated with certain specific goods or services to which it is attached, and trademark rights belong to intellectual property rights;
(2) Trade names are mainly used To distinguish an enterprise, it represents the reputation of the manufacturer, which must exist in connection with the producer or operator of the goods. The right to a trade name belongs to the name right, so the right to a trade name is more closely related to the person or identity.
(3) Trademark rights are specifically protected by the Trademark Law; while trade name rights are only protected in accordance with the protection methods of enterprise name rights in the Civil Code.
(4) When goods with a registered trademark bearing a company's trade name are sold to another country, the trademark must be separately registered in that country, and the trade name does not Additional registration is required. When an enterprise registers its own trade name as a trademark, or changes a registered trademark and registers it as the enterprise's trade name, the trademark and trade name become the same content or a component thereof. However, many trade names do not have distinctive features and therefore cannot be registered as trademarks.
What is the difference between trade name and trademark rights? Different
Trademark is a mark used to distinguish the goods and services provided. Trademark right refers to the owner of the registered trademark who has approved the use of goods or services. The right to exclusively use its registered trademark on the approved services is an exclusive right. It is generally believed that both trademark rights and trade name rights are intangible properties and haveExclusive rights, use rights, and transfer rights also include the right to license use. However, trade names are used to distinguish operators, and trademarks are used to distinguish goods and services. Therefore, trade name rights and trademark rights are completely different rights.
The difference is mainly reflected in the following aspects:
The functions and functions are different. Trademarks are mainly used to distinguish goods. They represent the reputation of goods and must exist in connection with certain specific goods to which they are attached. Trademark rights are intellectual property rights. Trade names are mainly used to distinguish companies. It represents the reputation of the manufacturer and must exist in connection with the producer or operator of the product. Trade name rights belong to the category of name rights. There is currently no consensus on what rights the trade name rights belong to.
The forms of expression are different. According to Article 10 of the "Enterprise Name Registration and Management Regulations", a trade name should consist of two or more characters and can only be expressed in Chinese characters. Numbers, graphics, pinyin, English letters, etc. are all excluded. The expression forms of trademarks are complex and diverse, in accordance with the provisions of the Trademark Law. Text, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, can be registered as trademarks. Some countries even register sounds, smells, etc. as trademarks.
Exclusive rights are implemented differently from programs. To realize the trade name right, you only need to apply for the enterprise name with the industrial and commercial department in accordance with the requirements of the hierarchy, and then obtain the name right and the trade name right at the same time. In terms of time, it may take an instant. The acquisition of trademark rights requires procedures such as application, review, announcement, and opposition from application to acquisition of rights, which can take up to two years or even longer.
The scope of effectiveness is different in region and time and space. my country's trademark rights have legal effect throughout the country. According to the provisions of the Trademark Law, they are valid for ten years, but can be renewed indefinitely. They also have priority in contracting countries according to the Madrid Agreement. In addition to being approved by the State Administration for Industry and Commerce, the effect of trade name rights is generally limited to certain administrative divisions such as provinces, cities, and counties. However, its temporal and spatial validity is a one-time application and is valid for life. As long as the subject exists, the trade name rights The right to name the company will always exist.
Rights are implemented in different ways. The realization of trade name rights depends on the continuous use of the subject enterprise name by commercial entities, including manufacturers or service providers. Trademark rights are mostly realized by marking specific goods or services. However, the protection of trademark rights also depends on the existence of the company. If the company dies, the trademark rights will have no meaning, and the trade name rights will also die. . The basis for obtaining trademark rights is different depending on the basis and degree of protection.The "Trademark Law of the People's Republic of China" enacted by the National People's Congress falls within the scope of law and the basis for obtaining trade name rights is the "Regulations on the Administration of Enterprise Name Registration", which was approved by the State Council and issued by order of the Industry and Commerce Bureau. Therefore, it can only belong to administrative regulations, and this regulation does not directly determine the acquisition of trade name rights, but is combined with the enterprise name right. Therefore, just looking at the effectiveness of the basis itself, it is obvious that the difference in protection intensity is obvious. The same commercial entity can only own one trade name but can own countless trademarks.
The above are some differences between trade names and trade names. The parties concerned need to pay more attention to them. Because in reality, the identification of trade names and trade names needs to be of a certain professional nature, therefore the help of professional lawyers is needed to avoid losses caused by lack of legal knowledge. If you still have questions, Legal Savior Network also provides online lawyer consultation services. You are welcome to conduct online consultation.