What are the exclusive rights of trade names and trademarks
The exclusive right to use a trademark (hereinafter referred to as the trademark right) refers to the Trademarks approved and registered by the State Trademark Office are only allowed to be used exclusively by the authorized person, excluding any other person's right to use them. A trademark right is also a property right, which is as exclusive and exclusive as the owner's other property. The trade name is part of the company name. Enterprises include industrial enterprises, transportation enterprises, construction enterprises, commercial enterprises, etc.
Any enterprise There is a name, but only the business name of a commercial enterprise is called a trade name. Just like *tang, Rui*xiang and Quanjude time-honored brands. A trade name is not the entire name of a commercial enterprise, but a specific part of it. Trade name rights are also called trade name rights, and they can be understood in a broad sense and in a narrow sense. In the broad sense, it generally refers to the right of a business name, and in a narrow sense, it only refers to the rights enjoyed by the trade name in the name of a commercial enterprise. The trade name right in this article includes the right of an enterprise to its name. and the rights to the name. Registered trademarks, which are the objects of trademark rights, and trade names, which are the objects of trade name rights, are spiritual wealth created by people. They are both signs with distinctive characteristics and should be protected by law.
Customer of trademark rightsA registered trademark is a sign that distinguishes one company's products from those of other companies, while the object of the trade name right, the trade name, is only a sign that distinguishes the company itself; the validity of the trademark right extends to the entire country, while the validity of the trade name right only extends to the registration of the trade name. area. However, if the trade name owner applies for registration of his trade name as a trademark in accordance with the requirements of the People's Republic of China, he can obtain the same protection as a registered trademark. (Note: For enterprises other than commercial enterprises, the special part of their names can also be registered as a trademark as long as they meet the requirements for trademark registration.
1. Different objects: The object of trademark rights is the trademark applied for and approved for registration, which is a sign of distinguishing goods and sources, while a trade name The object of rights is only a symbol that distinguishes the enterprise itself. It has the attribute of personal rights, is closely related to the personality and identity of a specific business subject, and will live and die together with the subject qualifications. For example: if a company is canceled and a new one is established, company, then its trade name rights will be lost, and the trademark rights can be transferred. Once the trademark transfer is completed, it will belong to the new company.
2. The registration authorities are different. To obtain trademark rights, you must submit an application to the Trademark Office of the State Administration for Industry and Commerce, while to obtain trade name rights, you must submit an application to the local Trademark Office. Submit an application to the industrial and commercial administration.
3. Rights The properties are different. Trademark rights belong to intellectual property rights; in our country, trade name rights belong to name rights, so trade name rights are more closely related to persons or identities. In the legislation of some countries and international organizations, trade name rights are stipulated as intellectual property rights. It is believed that trade name rights also have the attributes of some intellectual property rights.
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