How to protect the intellectual property rights of trade names
1. Regarding trade names, there is no clear definition and characterization.
Because our country currently does not have a specific trade name law and regulations, which results in the lack of a clear and unified legal annotation on the definition and characterization of trade names in relevant laws and regulations.
So, "business name", "font size", " Terms such as "corporate name" and "corporate brand" are used confusingly in practice. The unclear definition and characterization of a trade name will directly affect the realization, exercise and protection of relevant rights. For example, Article 23 of the "Provisions on the Registration and Management of Enterprise Names": An enterprise name can be transferred together with the enterprise or part of the enterprise. A business name can only be transferred to one business. The transferor and transferee of the enterprise name shall sign a written contract or agreement.
Submit to the original registration authority for approval. After the enterprise name is transferred, the transferor shall not continue to use the transferred enterprise name. From the above regulations, we find that the transfer of business names is strictly restricted by law. However, is the company name (right) equivalent to the trade name (right)? Should the transfer of trade names (rights) also strictly follow the relevant legal restrictions on the transfer of corporate names? There is no consent provision for this.
2. my country’s current legal regulations on the protection of intellectual property rights for trade names are confusing.
(1) At the legislative level, regulations not only legislate The level is low, and the legal protection of corporate names (trade names) is only focused on a few words, lacking more specific, detailed and systematic legal provisions for trade names. Therefore, judging from the overall structure of my country's trade name legal system, the above-mentioned regulations are still relatively rough and unsystematic, and lack systematic and specialized provisions on the basic legal rules for trade names. It can be seen from this that the main reason for the current weak protection of trade name intellectual property rights in my country is imperfect legal provisions.
(2) In terms of management system, there are still enterprises The name registration is unreasonable. Judging from the specific content of the above legal provisions on trade names in our country, there are still some omissions and contradictions. There are no clear regulations on the principles that should be adhered to in the use and management of trade names, the evaluation and investment of trade names, and the non-competition after the transfer of trade names.
(3) The regional registration system adopted by our country , resulting in inherent deficiencies in the protection of intellectual property rights for business names in our country. Our country's enterprise names (trade names) adopt a regional registration system.
(4) There is a legal conflict between trade name rights and trademark rights . With the improvement of legal awareness of today's enterprises, the problem of legal conflicts between trade name rights and trademark rights has gradually emerged, and it is becoming more and more serious. In practice, there are often a few companies that are motivated by their own interests and use registered trademarks with a certain market reputation created by other companies through hard work to register them as their own trade names; there are also companies that use other people's famous trade names as their own. Trademark registration. This kind ofSeemingly legal behavior is actually malicious "famous branding" through "legal channels", causing consumers who don't know the truth to misunderstand, and then achieve their illegal purpose of obtaining unfair benefits.
The main reason for conflicts between trade names and trademark rights is my country's enterprise name registration and trademark registration are segmented: segmentation refers to the separate protection of trade names and trademarks, that is, trade name protection and trademark protection are not unified under the intellectual property law system; block segmentation refers to the registration of trade names and trademarks according to hierarchical areas, and their related Day-to-day management and conservation are governed by different departments.
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