What is the difference between a trade name and a trademark
Trade names and trademarks are closely related and often appear together on the same product. , in some cases, the trade name can become an integral part or the same content of the trademark, but sometimes it is not. There are differences in functions and properties between trade names and trademarks, mainly as follows:
(1) Trademarks are mainly used to distinguish goods, represent the reputation of goods, and must exist in connection with certain specific goods to which they are attached. Trademark rights are intellectual property rights;
Trade names are mainly used to distinguish companies and represent the credibility of the manufacturer. It must exist in connection with the producer or operator of the goods. The right to a trade name belongs to the right of name, so the right to a trade name is more closely related to the person or identity.
(2) The trademark shall be registered in accordance with the Trademark Law It is stipulated that registration and use shall be carried out with exclusive rights. Its exclusive right is valid nationwide and has statutory timeliness;
Trade names registered in accordance with the "Company Law" or "Enterprise Registration Management Regulations" also have exclusive rights. Their exclusive rights are valid within the jurisdiction of the registered industrial and commercial administrative agency and are consistent with the enterprise Live and die together.
(3) In our country, trademark rights are protected by special trademark law;
Trade name rights are only protected in accordance with the protection methods of corporate name rights in the Civil Code.
(4) When goods with a registered trademark bearing a company's trade name are sold to another country, the seller must A trademark is registered in another country, but there is no need to register the trade name again.
When some companies register their trade names as trademarks, or change registered trademarks and register them as the company's trade names, the trademark and trade name become the same content or a component of them. This is all Permitted by the "Trademark Law", "Company Law" and "Enterprise Registration Management Regulations".
The function of a trademark is to distinguish products or services with a certain external mark. It can be said that a trade name is the name of a company, and a trademark is the name of the products or services provided by the company. Trade name The common function of trademarks is to provide customers with identification marks, guide consumers' choices, expand their market advantages, and serve corporate management and operations.
Trade names and trademarks are increasingly important in the modern market economy. The president of **Cola Company once joked that even if **Cola Company was reduced to ashes by fire overnight, relying on the **Cola brand, the company could quickly make a comeback. The competition in the field of trade names and trademarks is becoming increasingly fierce, and trade names and trademarks are even separated from the products to a certain extent, showing their own independent value.
The reason why trade names and trademarks are so important is “The name contains the promise of the product”, and consumers know the company through its trademark or trade name. Companies use trade names and trademarks to communicate information to consumers. Trade names and trademarks are the bridge between enterprises and consumers. Without trade names and trademarks, it would be difficult for consumers to distinguish between the numerous goods and services on the market and establish consumer trust. However, there is a certain conflict between the two rights of trade name and trademark.
Our country’s law does not clearly provide for trade name rights. However, the Civil Code has specific provisions on the protection of corporate name rights. 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. Trade name rights also have the attribute of spiritual property rights. According to international practice, the exclusivity and exclusiveness of trade name rights are confirmed. The owner of a trade name right can not only use his trade name in accordance with the law, but also has the right to prohibit others from repeating registration or unauthorized use or misappropriation of his trade name, and has the right to file a lawsuit for compensation for infringement of his trade name right. Regarding the transfer of trade name rights, the laws of various countries have different regulations. The provisions of my country's Civil Code are similar to those of French law: it is allowed to buy, sell, license to use, or set as a mortgage a trade name.
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