The Difference Between Trademark Right And Trade Name Right
If you own a business, it does not mean that you have the corresponding trademark.
The company is part of the business name.
Enterprises include industrial enterprises, pportation enterprises, construction enterprises, commercial enterprises, etc.
Any enterprise has a name, but only the business name of a business enterprise is called a business name.
Tongrentang, Rui Xiang, Quanjude, Liu Bi Ju, Sheng Xifu, Rong Bao Zhai are all famous ancient trade names.
A trade name is not the whole name of a business enterprise, but a special part of it.
The name of an enterprise can not only be used as a special part of a trade name, but also a name of the administrative division in the area where the enterprise is located, such as general merchandise, food, clocks, etc., and the terms used to express the form of enterprise organization, such as company, bank, shop, etc.
For example, Chongqing Guan Sheng Yuan food company is the name of the enterprise, and the three word "Guan Sheng Yuan" is the business name of the enterprise, that is, the trade name.
The right of business name and the right of enterprise to be obtained through registration are all in the category of personal rights and are protected by law.
The name of a business subject (the owner of a business) is used to manage its business, that is, the business name of a business enterprise, and the right to business is the right to use the business name to register its business according to law.
The registered trademark as the object of trademark right and the trade name as the object of the right of trade name are the spiritual wealth created by people. They are all marked signs and can be protected indefinitely.
The difference between trademark right and trade name right is that the registered trademark of trademark is the mark of the product of a company and the products of other enterprises, and the trade name of the trade name right is only a mark of distinguishing the enterprise itself; the effect of trademark right is in the whole country, and the strength of the trade name right is only in the registering area of the firm.
However, when a trade name holder applies for registration of a trade mark as a trademark according to the requirements of the trademark law, it can get the same protection as registered trademark.
By the way, it is mentioned that except for commercial enterprises, the special part of its name should be registered as a trademark if it meets the requirements of the conditions of trademark registration, such as the two words of the South Boiler of Nantong boiler works.
Wei
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