What is the difference between a Company name and a registered trademark?
Business Names and registered trademarks have many similarities in terms of legal protection. Both are distinguishing marks used in production and business activities. They both ensure the quality of goods and services, maintain corporate reputation, and protect consumers through exclusive rights granted by law. For the purpose of profiting from investors, and in some cases, the two are combined into one, such as the famous "Lenovo" and "Haier", which are both trademarks and the core of the company name - the font size. However, we cannot confuse trademarks with business names because of this. After all, they are two different concepts. The main differences are:
First, registration The basis is different. Registered trademarks are registered in accordance with the provisions of the Trademark Law, while enterprise names are registered in accordance with the Company Law, the Foreign-Invested Enterprise Law, the Sino-Foreign Joint Venture Law, the Sino-Foreign Cooperative Enterprise Law, the Partnership Law, the Sole Proprietorship Law, the Enterprise Name Registration Management Regulations and other laws. , administrative regulations for registration.
Second, the acquisition methods are different. In our country, trademarks are subject to the principle of combining voluntary registration and compulsory registration. The method is that except for certain specific goods that must use registered trademarks, the trademarks of general goods adopt the principle of voluntary registration, that is, registered ones have exclusive rights, and unregistered ones have exclusive rights. can still be used, but does not enjoy exclusive rights; as for corporate names, names that have not been approved and registered are not allowed to be used, and they do not enjoy the right to name.
Third, the characteristics and content of rights are different. Trademark rights are industrial property rights that only have the characteristics of property rights and do not have personal characteristics, while corporate name rights are rights that have characteristics of both personal rights and property rights. Therefore, corporate name rights are generally not allowed to be transferred individually or licensed to others for use.
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