What is the legal nature of trade name rights
Trade name rights have the attribute of personal rights and are related to the personality of a specific business entity. Identity is closely related and lives and dies together with subject qualifications. The right to a trade name can be transferred and inherited, and has the attribute of property rights. A trade name is exclusive and exclusive within the same business scope within the same administrative region. Trade name rights holders may use their trade names in accordance with the law and have the right to prohibit others from repeating registration or unauthorized use or misappropriation of their trade names within the administrative area. They also have the right to file lawsuits and demand compensation for infringements of their trade name rights.
What are the characteristics of trade name rights
First, the right to a trade name has the attribute of personal rights, which is closely related to the personality and identity of a specific commercial subject, and will live and die together with the subject's qualifications.
Second, the right to a trade name has the attribute of spiritual property rights. The rights are exclusive and exclusive. Trade name rights holders may use their trade names in accordance with the law, and have the right to prohibit others from repeating registration or unauthorized use or misappropriation of their trade names, and have the right to file lawsuits for compensation for infringement of their trade name rights.
Third, the right to trade name can be transferred. The laws of various countries have different provisions. The provisions of our Civil Code allow Buy, sell, license or pledge a business name.
Relevant knowledge: Contents of trade name rights
1. Right to use. That is to say, the owner of the trade name can use his trade name independently in accordance with the law.
2. Right to prohibit. It is prohibited for others to register a trade name that is the same as or similar to its trade name; it is prohibited for others to use its trade name without authorization.
3. Right of transfer. The owner of a trade name has the right to transfer his trade name to others for use in accordance with the law.
4. Permission to use. Trade name rights holders have the right to allow others to use their trade names. Through the theoretical analysis of the nature and content of trade name rights, we can easily conclude that trade name rights have the characteristics of intellectual property rights, and trade name rights are an intangible property right.
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