1. What is a trade name?

The trade name is the name of the manufacturer or enterprise. As the symbol of enterprise specialization, trade name is the expression of enterprise legal personality. After approval and registration, the firm can be used for plaques, contracts and commodity packaging. Its exclusive use right has no temporal characteristics and will only be terminated when the affiliated manufacturer dies. Trade name mainly refers to a part of the enterprise name used by operators engaged in production and business activities when registering. It is the specific logo and name of factories, shops, companies, groups and other enterprises, and enjoys the exclusive right according to law.

Second, the legal characteristics of the firm

As the external manifestation of commercial subject, trade name has the following legal characteristics:

Commodity names are rich in information. The existence of trade names is not only the subject identification information of propagandists, but also contains some other information. This information may include subject nature, value pursuit, product quality, reputation, operating conditions, corporate culture, etc.

Trade names are transferable. It is generally forbidden in all countries to separate trade names from commercial subjects and distribute them separately, which is also a big difference between them and trademarks. The enterprise name can be transferred with the enterprise or a part of the enterprise. The enterprise name can only be transferred to one enterprise. The transferor and transferee of the enterprise name shall sign a written contract or agreement and report it to the original registration authority for approval. After the transfer of the enterprise name, the transferor shall not continue to use the transferred enterprise name;

The name of the commodity is recognizable. A trade name is a name used by commercial subjects to express themselves. It is attached to the commercial subject, which is an important external symbol of the difference between commercial subjects and shows its inherent independent characteristics. The identifiable trade name is also one of the objects of the personality right of the business subject. For example, the registration and exclusion of the same or confusing trade names in the same industry reflects that commercial subjects enjoy the exclusive right to trade names, that is to say, the identification function of trade names is realized through the protection of exclusive rights;

Commodity names are economical. As one of the intangible assets of commercial entities, trade names have certain information reserves in selection and use, and can be publicized through contact with other commercial entities and the public, thus making trade names one of the carriers of information such as business operation and credit information, which undoubtedly gives them corresponding value. In fact, the value of the enterprise and its possible benefits constitute the economic basis of enterprise transfer. In addition, the trade name is unique, and an enterprise can have multiple trademarks.

legal ground

Provisions on the administration of enterprise name registration

Article 4 An enterprise can only register one enterprise name, which is protected by law.

Article 6 The name of an enterprise consists of the name of the administrative division, the font size, the characteristics of the industry or operation, and the organizational form. The names of enterprises operating across provinces, autonomous regions and municipalities directly under the Central Government shall not contain the names of administrative divisions; The name of an enterprise with comprehensive cross-industry operation shall not contain industry or business characteristics.