What is the trade name
Trade name, that is, the manufacturer's trade name, or company name. As a specific symbol of an enterprise, a trade name is an expression of the legal personality of the enterprise. After the trade name is approved and registered, it can be used in plaques, contracts, product packaging, etc. Its exclusive right to use is not time-sensitive and will only be terminated when the manufacturer to which it is attached dies. In some manufacturers, a certain word can be used as both a trade name and a trademark. But for most manufacturers, trade names and trademarks are different. Generally speaking, a trademark must exist in connection with the specific goods or services to which it is attached, while a trade name must exist in connection with the specific manufacturer that produces or operates the goods.
Trade name mainly refers to the part of the business name used by operators engaged in production or business activities to express their business names when registering. It is a factory, store, company, Groups and other enterprises have the exclusive right to use specific logos and names in accordance with the law. Trade name rights belong to the category of industrial property rights defined in the Paris Convention for the Protection of Industrial Property. Trade names obtained through legal registration are protected by law.
Our country’s laws do not clearly provide for trade name rights, but the Civil Code provides There are 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. 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. The right to a trade name can be transferred, licensed or mortgaged.
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