Is the company name a trademark?
We know that each company's name is unique. If it is duplicated, it may involve infringement. Some people may misunderstand the trademark and company name, and think that the company name is a trademark, so is the company name a trademark? Below, in order to help you better understand the relevant legal knowledge, I have compiled the following contents, hoping to help you. First, is the company name a trademark? The company name can be used as a trademark, but the company name is not a trademark. A trademark is a trademark and a company name is a company name. They can be regarded as one thing, but there are still differences. Trademark is the only symbol to distinguish the sources of similar products or services. They are composed of characters, numbers, letters, numbers, three-dimensional signs, colors or a combination of the above, and then submitted to China National Intellectual Property Administration for application. The company name is the business license that the company needs to apply for in its legal operation. The general company name consists of four parts: administrative division+store name+industry characteristics+organization form, which is directly managed by the industrial and commercial department. For a company, there is no limit to the number of registered trademarks. A trademark can have more than one trademark, and the registered product category is not limited by the business scope of the business license (but which category will be protected if a registered trademark is registered, and it will not be protected if it is not registered). The same is true for individual industrial and commercial households, which can own multiple trademarks at the same time. Many people don't pay attention to the importance of trademarks, but they don't know that trademarks are sacred. Only registered trademarks can be protected by national laws. If they are not registered but registered by others in this industry, they can't use this term for products made by their own companies, otherwise it will constitute infringement. II. Process of Company Name Change (I) Approval Unit of Company Name Change 1. Examination Form of Company Name Pre-approval/Change Approval 2. Company Self-drafting of New Name 3. Copy of Business License and Its Copy 4. Copy of Agent's ID Card (II) Receiving Application for Enterprise Change Registration (III) Acceptance and Issuance by Industry and Commerce 1. Application for Enterprise Change Registration (with official seal of the company) 2. Designated representative or * * * Certificate of the same entrusted agent (stamped with the official seal of the company) 3. Notice of change of enterprise name 4. Original and duplicate of the enterprise business license (the original can be recovered when obtaining a new business license) 5. Amendment of the articles of association (signed by the legal person and stamped with the official seal of the company) will be issued within seven working days from the second day after acceptance. (IV) Engraving the official seal for the record 1. The official seal of the original company and the official seal are authentic. 2. A copy of the new business license (the copy is stamped with the official seal of the company and brought with the original for verification). 3. Legal person qualification certificate (the copy is stamped with the official seal of the company and brought with the original for verification). 4. The agent's ID card (the copy is stamped with the official seal of the company and brought with the original for verification). 5. The application for engraving (stamped with the official seal of the company) is taken the next day after acceptance (5) Change of organization code certificate 1. Original company organization code certificate, copy 2. Copy of new business license (copy stamped with new company official seal, with original check) 3. Agent ID card (copy stamped with new company official seal, with original check) 4. The application for organization code certificate (stamped with new company official seal) will be issued on the third day after acceptance. III. Voluntary Registration and Classified Application (I) Voluntary Registration At present, the voluntary registration system is widely used in the registration of trademarks in various countries, and trademarks can be used even if they are not registered, except in cases that violate the prohibitive provisions of the law. However, in countries that stipulate that trademark rights can only be obtained through registration, trademark registration will receive strong legal protection. China's Trademark Law takes voluntary registration as the principle, with compulsory registration as the exception. Article 6 of the Trademark Law stipulates that "goods that are required by laws and administrative regulations to use registered trademarks must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market." At present, only tobacco products are required to use registered trademarks. According to the provisions of Article 19 of the Tobacco Monopoly Law, cigarettes, cigars and packaged shredded tobacco must apply for trademark registration, and they may not be produced or sold without approval. (2) Application for classification Application for classification means that when applying for trademark registration, the category of goods or services using the trademark and the name of the goods or services must be filled in according to the classification table of goods and services. Article 22 of the Trademark Law stipulates that "the applicant for trademark registration shall fill in the category and name of the goods using the trademark according to the prescribed commodity classification table and apply for registration. An applicant for trademark registration may apply for registration of the same trademark for multiple categories of goods through one application. " Article 23 of the Trademark Law stipulates that "if a registered trademark needs to obtain the exclusive right to use a trademark on goods outside the approved scope of use, it shall apply for registration separately."