What kind of right is the right to a trade name
The right to a trade name is also called a commercial name Rights refer to the rights that merchants have over their trade names, including the right to use the trade name and the exclusive right to use the trade name.
Relevant knowledge: The subject of trade name rights
is in accordance with the law An independent commodity producer or operator that has obtained the qualification of a commercial entity and is single in nature. This means that agencies, groups, and individuals that are not engaged in commodity production and operation activities cannot become the subject of trade name rights; and although they are engaged in commodity production and operation activities, they have not obtained the qualifications of independent commercial entities, such as branches of a company, nor can they become the subject of trade name rights. Become the subject of trade name rights. The singleness of the trade name entity means that the same trade name can only be owned by one commodity producer and operator within the scope of approval, and there is no situation where multiple commercial entities share the right to a trade name. The trade name of a parent company can be used by several of its subsidiaries, but only the parent company has the right to transfer the trade name, and the parent company is the sole owner of the trade name.
Object of trade name right
It is a trade name approved and registered in accordance with the law. Since most countries require the registration of a trade name as a necessary condition for a trade name to obtain legal protection, generally speaking, only a registered trade name can enjoy trade name rights. Article 29 of the German Commercial Code stipulates: “Every businessman is obliged to declare the commercial registration of his trade name and the location of his business office to the court in the jurisdiction where the business office is located.” Our country's regulations also stipulate that a trade name or enterprise name must be registered to obtain exclusive rights. However, some countries in the world stipulate that legal registration is not a necessary condition for obtaining trade name rights. For example, in Japan, the law divides trade name rights into two types: the exclusive right to trade names and the right to use trade names. The right to use trade names refers to trade names that have not been approved and registered. Such trade names cannot be the object of the exclusive right to trade names, and their users have no right to contest Others use the same or similarSimilar business name.
Content of trade name rights
It has both personal rights and property rights Attributes. Trade name rights are inseparable from commercial subjects. Trade names are the incarnation of the legal personality of commercial subjects. Trade name rights are more personal than trademark rights and patent rights. At the same time, a trade name has the attribute of intangible property. A reputable trade name can bring certain economic benefits to the owner of the trade name, and the right to a trade name has the attribute of property rights.
After reading the content of this article, everyone will definitely have a certain understanding of trade name rights. In fact, trade name rights are the rights that merchants have over their trade names. You can have a deeper understanding. In practice, everyone also needs to have relevant understanding of the subject and object of trade name rights in order to be more helpful. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
No comments yet. Say something...