What is the difference between a trade name and a trademark
No.
1. Functions and functions are different. A trademark is mainly a mark used to distinguish one operator's brand or service from the goods or services of other operators. A trademark is generally associated with certain specific goods. Trade names are mainly used to distinguish companies. It represents the reputation of the manufacturer and must be associated with the producer or operator of the product.
Second, the forms of expression are different. The trade name should consist of two or more characters and can only be expressed in Chinese characters. But the expression forms of trademarks are much richer. No.
3. The exclusive rights are different. Trade name rights are simpler than trademark rights. Trade name rights can be obtained only after applying for a business name in accordance with the requirements. However, it usually takes a year or even longer for a trademark to be obtained from application submission to registration. No.
Fourth, the scope is different. The trademark is valid for 10 years and needs to be renewed. In theory, it can be held indefinitely. The effectiveness of trade name rights is generally limited to administrative regions such as provinces and cities, and there is no renewal. As long as the subject exists, it can continue to exist. No.
5. The degree of protection is different. The basis for obtaining trademark rights is the "Trademark Law of the People's Republic of China" formulated by the National People's Congress, which falls within the scope of law. The basis for obtaining trade name rights is the "Regulations on the Administration of Enterprise Name Registration", which is 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.
Through the above editor's introduction, I believe you must have a certain understanding of the differences between trade names and trademarks.If your situation is complex or special, the above does not fully answer your questions. If you still need legal help, you are welcome to go to the Legal Savior website for legal consultation, and a lawyer will provide you with a more professional answer.