What is the difference between trade name and trademark exclusive rights
Trademark exclusive rights (hereinafter referred to as trademark rights) refer to the right of a trademark approved and registered by the State Trademark Office to be used exclusively by one person, excluding any other person from use. 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. Every enterprise has a name, but only the business name of a commercial enterprise is called a trade name. 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.
1. The objects are different. The object of trademark rights is the trademark applied for and approved for registration, which is a sign that distinguishes goods and sources, while the object of trade name rights is only a sign that distinguishes the enterprise itself. It has the attribute of personal rights and is closely related to the personality and identity of a specific business entity. Subject qualifications rise and die together.
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, and to obtain trade name rights, you must submit an application to the local industrial and commercial administration agency.
3. The rights are different in nature. Trademark rights belong to intellectual property rights; in my country, trade name rights belong to name rights, so trade name rights are more closely related to a person or identity. In the legislation of some countries and international organizations, trade name rights are stipulated as intellectual property rights, and it is believed that trade name rights also have some attributes of intellectual property rights.
4. The scope of rights and timeliness are different. The exercise of trademark rights is valid nationwide and has statutory timeliness. The period of use is 10 years and can be renewed upon expiration.
5. The applicable laws are different. The trademark owner applies for registration and use in accordance with the provisions of the "Trademark Law", and the trade name owner registers in accordance with the "Company Law" or the "Enterprise Registration Management Regulations".
6. Different forms of expression. Trademarks consist of words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements. Through the above Expression; while a trade name can only be expressed through Chinese characters.
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