What is trade name right
Trade name right refers to the exclusive legal rights that a business entity enjoys over its registered business name. Have the right to use it. Our country's laws do not clearly stipulate trade name rights, but there are specific provisions on the protection of corporate name rights in the General Principles of Civil Law. 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. It has the attribute of spiritual property rights. According to international practice, the exclusivity and exclusiveness of trade name rights are confirmed. 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. Regarding the transfer of trade name rights, the laws of various countries have different regulations. The provisions of the General Principles of Civil Law in my country are similar to the provisions of French law: it is allowed to buy, sell, license to use or set as a mortgage a trade name.
Acquisition of trade name rights usually has the following three methods depending on the legislation of each country: acquisition by use doctrine, registration confrontation doctrine, and registration effectiveness doctrine. Our country's laws on trade name rights all adopt the principle of registration validity. For example, Article 3 of the "Enterprise Name Registration Management Regulations" stipulates that an enterprise name can only be used after approval and registration, and it enjoys exclusive rights within the prescribed scope. Article 26 also stipulates that those who use an unapproved and registered enterprise name to engage in production and business activities will be punished accordingly. Therefore, for domestic parties, only if the registration date of the trade name is earlier than the date of application for registration of the trademark, the party is eligible to claim its prior trade name rights.
Contents of trade name rights
1. Right to use
That is, the owner of the trade name can use his trade name independently in accordance with the law.
2. Right of prohibition
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 it without authorization its trade name.
3. Transfer right
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 rights
The owner of a trade name has the right to allow others to use its trade name. 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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