TradeNames (also called: enterprise logo, manufacturer logo) mainly refers to a part of the enterprise name used by operators engaged in production or business activities when registering, which is the specific logo and name of factories, shops, companies, groups and other enterprises and enjoys the exclusive right to use according to law. The right of trade name belongs to the category of industrial property rights defined in the Paris Convention for the Protection of Industrial Property Rights. Trade names obtained through legal registration are also protected by law.
There is no explicit provision on the right to trade names in Chinese laws, but there are specific provisions on the protection of the right to trade names in the General Principles of Civil Law. The right of trade name has the attribute of personal right, which is closely related to the personality and identity of a specific commercial subject, and lives and dies with the qualification of the subject. Trade name right has the attribute of spiritual property right. According to the general international practice, the exclusivity and exclusiveness of the right to trade names are recognized. The owner of a trade name can not only use his trade name right according to law, but also have the right to prohibit others from repeatedly registering or using or stealing his trade name right without authorization, and have the right to bring a lawsuit against the infringement of his trade name right and demand compensation. The laws of different countries have different provisions on the transfer of trade name rights. The provisions of the General Principles of Civil Law in China are similar to those in French law: trading, licensing or mortgage of firms are allowed.
Trade names and trademarks are closely related and often appear together on the same commodity. Trade names can sometimes become part of a trademark or the same content, but sometimes they are not. Trade names and trademarks are different in function and nature, mainly as follows:
(1) Trademarks are mainly used to distinguish commodities, and represent the reputation of commodities. They must exist in connection with some specific commodities to which they are attached. Trademarks belong to intellectual property rights;
Trade names are mainly used to distinguish enterprises and represent the reputation of manufacturers, and must be associated with producers or operators of goods. The right of trade name has the right of name, so the right of trade name is more closely related to the person or identity.
(2) A trademark is registered and used in accordance with the provisions of the Trademark Law and has the exclusive right to use it. Its exclusive right is valid nationwide and has a statutory limitation;
Firms registered in accordance with the Company Law or the Regulations on the Administration of Enterprise Registration enjoy the same exclusive rights. Its exclusive right is valid within the geographical scope under the jurisdiction of the administrative department for industry and commerce, and it will live and die with the enterprise.
(3) In China, trademark rights are protected by special trademark law;
The trade name right is only protected by the provisions of the General Principles of the Civil Law on the protection of enterprise name right.
(4) When goods marked with company trade name and registered trademark are sold to another country, the seller needs to register its trademark in another country, but does not need to register its trade name again.
When some enterprises register their trade names as trademarks or change their registered trademarks into enterprise trade names, trademarks and trade names become the same content or an inseparable part. This is allowed by the Trademark Law, the Company Law and the Regulations on the Administration of Enterprise Registration.