What is the relationship between trademarks and trade names
Protective registration now.
Although the Trademark Law stipulates that trademark registration shall not be registered with others However, since a trade name usually only has certain exclusivity in a specific area, while a trademark is nationwide, your company cannot prevent others from registering a trademark. However, if someone else’s registration of a trademark constitutes unfair competition for your company, your company can apply to the Trademark Review and Adjudication Board for a ruling within five years from the date the trademark is approved for registration, or you can directly file a lawsuit in court. The Trademark Law stipulates that if a trademark is stopped for three consecutive years, the Trademark Office shall order it to make corrections within a time limit or cancel its registered trademark. But use does not necessarily mean use on goods.
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.
Trade names and trademarks are closely related and often used together appear in the sameOn goods, the trade name may sometimes become an integral part or the same content of the trademark, but sometimes it may not.
Trade names and trademarks are different in function and nature, 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. It represents the reputation of the manufacturer and must exist in connection with the producer or operator of the product. The right to a trade name belongs to the name right, 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. Its exclusive right is valid within the jurisdiction of the registered industrial and commercial administrative agency, and will live and die with the enterprise.
(3) In our country, trademark rights have special Trademark law protection;
Trade name rights are only protected in accordance with the protection methods for corporate name rights in the General Principles of Civil Law.
(4) When goods bearing a company’s trade name and a registered trademark are sold to another country, the seller must register the trademark in the other country, but There is no need to re-register its trade name.
When Some enterprises register their own trade names as trademarks, or change registered trademarks and register them as the enterprise's trade names. The trademark and trade name become the same content or an integral part of them. This is the case in the Trademark Law and the Company Law. 》 and the "Enterprise Registration Management Regulations".
The above is the relevant content summarized by the editor. If you have relevant legal consultation or other matters that you do not understand, you can call the online lawyer on the Legal Savior Network for answers. The professional knowledge of the lawyer can help you.
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