Many people think that the company name is the trademark name, and the trademark name is the company name. There are many people who think this way. In fact, there is an essential difference between the company name and the trademark name. So today, the prophet Let me tell you one by one the difference between a company name and a trademark name.

Company name is not equal to trademark name:

1. The name composition is different

Company name:

1. Name composition: company The name generally consists of four parts: administrative division + font size + industry characteristics + organizational form.

For example: Shanghai (administrative division) + Compass (font size) + Travel agency (industry characteristics) + Co., Ltd. (organizational form)

2. Font size: 2 or more Chinese characters Composition

3. Industry characteristics: including product name, industry name or industry name, such as trade, information technology, advertising, business management, etc.

4. Organizational form: limited company, joint-stock company, group company, etc.

Trademark name:

Trademark is the trademark used by producers and operators of goods. It consists of words, graphics, letters, numbers, three-dimensional signs, sounds, Color combinations, or combinations of the above-mentioned elements, are hallmarks of distinctive features and are a product of the modern economy.

2. Different functions

Service trademarks only distinguish different service sources, while company names can identify the operations of different companies, including services and goods. A company can have multiple trademarks for services or goods, but generally only one company name.

3. The applicable legal procedures are different

As long as the service trademark does not violate the prohibited provisions of the "Trademark Law" and does not infringe the exclusive rights of others' trademarks, it can be used without registration. No exclusive rights. The company name must be approved and registered by the competent authority designated by the state before it can be used.

4. The scope of exclusive rights is different

Once a service trademark is approved and registered, it enjoys exclusive rights throughout the country. The company name only enjoys exclusive rights within the specified area.

5. Different forms of expression

Service trademarks are expressed in words, graphics and their combinations, and company names can only be expressed in words.

6. Applicable laws are different

The laws governing business names vary greatly from country to country. Trademarks are regulated by the Trademark Law and the Anti-Unfair Competition Law.

7. Whether the license is transferable or not is different

The trademark can be transferred or licensed to others, but the company name cannot be transferred alone, nor can it be used by others.

8. The basis for registration is different

Registered trademarks are registered in accordance with the provisions of the Trademark Law, while enterprise names are registered in accordance with the Company Law, the Foreign-Invested Enterprise Law, the Sino-Foreign Joint Venture Law, the Sino-foreign Joint Venture Law, and the Sino-foreign Joint Venture Law. Register with laws and administrative regulations such as the Cooperative Enterprise Law, Partnership Enterprise Law, Sole Proprietorship Law, Enterprise Name Registration Management Regulations, etc.

9. Different acquisition methods

In my country, the principle of combining voluntary registration and compulsory registration of trademarks is adopted. The method is that except for certain specific goods that must use registered trademarks according to regulations , the trademark of general goods adopts the principle of voluntary registration, that is, registered ones have exclusive rights, and unregistered ones can still be used, but do not enjoy exclusive rights; as for corporate names, unapproved and registered names are not allowed to be used, and they do not enjoy the name. right.

10. The characteristics and content of rights are different

Trademark rights are industrial property rights, which only have the characteristics of property rights and do not have personal characteristics, while corporate name rights are a kind of personal rights and Rights that characterize property rights. Therefore, corporate name rights are generally not allowed to be transferred individually or licensed to others for use.

Enterprise name, that is, trade name, or manufacturer name, it is the title of the enterprise.

As a social organization, an enterprise must have business contacts with other social organizations. In order to facilitate transactions and avoid business confusion, it is objectively required that each enterprise has its own name. In real life, trademarks and company names often appear together on products or in product advertising.

Some companies also use their names or part of their names as trademarks and obtain registration. For example, "Wanbao", "Sitong", "Jianlibao", etc. are both registered trademarks and part of the company name. The company name is the same as the trademark. As industrial property rights, once registered, they are protected by relevant laws. Therefore, from these aspects, trademarks and corporate names are closely related.