A business name is composed of an industry or nature and a trademark is determined by the products and services provided by others; a company has only one business name but a company can have multiple trademarks; a business name enjoys professional rights within a specified area A trademark enjoys exclusive rights throughout the country; a business name can only be expressed in words, while a trademark can be expressed in words, graphics or a combination.
(l) The constituent elements are different. The company name generally consists of the administrative division name, trade name, industry or business characteristics, and nature. A trademark can only consist of a distinctive part that differentiates it from the products or services provided by others.
(2) The functions are different. Trademarks distinguish the source of products or services, and business names identify the operations of different businesses. A company can have multiple trademarks, but only one company name.
(3) The applicable legal procedures are different. As long as the trademark does not violate the prohibited provisions of the Trademark Law and does not infringe other people's trademark exclusive rights and other prior rights, it can be used without registration. 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 trademark is approved and registered, it enjoys exclusive rights throughout the country. The company name only enjoys exclusive rights within the specified area.
(5) The expression forms are different. A trademark can be expressed in words, graphics or a combination thereof, and a company name can only be expressed in words.
(6) A trademark can be transferred or licensed to others, but a business name cannot be transferred alone or allowed to be used by others.
What are the main similarities between business names and trademarks?
(1) The scope of rights is basically the same.
Both trademark rights and business name rights are intangible properties, and both have exclusive rights, use rights, and transfer rights. They also belong to the category of intellectual property rights. However, the intellectual property rights of business names are still discussed by experts. and theoretical discussions.
(2) Both are important components of goodwill.
Both can serve the functions of indicating and distinguishing the source of goods or services, ensuring quality, and advertising.
(3) As the exclusive rights of commercial entities, the tort liability of the two is very similar, and both fall into the category of unfair competition.
(4) Consistency can be formed between the two within the scope permitted by law.
(l) The constituent elements are different. (2) Different functions. (3)The applicable legal procedures are different. (4) The scope of exclusive rights is different. (5) Different forms of expression. (6) A trademark can be transferred or licensed to others, but a business name cannot be transferred alone or allowed to be used by others.
Legal basis:
Article 7 of the "Enterprise Name Registration and Management Regulations" The name of the administrative division in the enterprise name shall be the name of the local administrative division at or above the county level where the enterprise is located. When the name of a municipal district is used in an enterprise name, it shall be accompanied by the name of the administrative division of the city divided into districts to which it belongs. When used in enterprise names, regional names such as development zones and reclamation areas should be used together with the names of administrative divisions and shall not be used alone.