1. Definition of trade name and trademark Trade name: The manufacturer’s trade name, also known as the business name. It is a sign of enterprise specificity and a manifestation of the enterprise's legal personality. Trademark: A mark used to distinguish one operator's brand or services from the goods or services of other operators. 2. The most similarities and differences between trade names and trademarks The most similarities: ① Intangible property: Trademark rights and trade name rights are both intangible properties, and their owners have exclusive rights, use rights, and transfer rights. ②Enterprise-related: Both have a certain connection with the enterprise, and both can distinguish the sources of products and services, and can guarantee quality to a certain extent! ③Tort liability: 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 Legal scope: Within the scope permitted by law, trade names and trademarks can be consistent. A business name can apply for trademark registration, and a trademark can apply for a trade name. Moreover, the trademark and trade name can be the same. Differences: ① Different functions: Trademarks are mainly used to distinguish goods, represent the reputation of goods, and must exist in connection with certain specific goods to which they are attached. Trademarks belong to intellectual property rights; trade names are mainly used to distinguish enterprises. , represents the reputation of the manufacturer and must exist in connection with the producer or operator of the product. The right to a trade name belongs to the name right, so the right to a trade name is more closely related to the person or identity. ② Different structures: Trade names are mainly composed of Chinese characters, while trademarks have many types, including graphics, text, numbers, letters, pinyin, etc. ③ Different laws: Trademarks are registered and used in accordance with the provisions of the Trademark Law and have exclusive rights. Trade names registered in accordance with the "Company Law" or "Enterprise Registration Management Regulations" also have exclusive rights. ④ Regional differences: After a trademark is successfully registered, its exclusive rights are valid nationwide and have statutory timeliness. After a successful application for a trade name, its exclusive right is valid within the jurisdiction of the registered industrial and commercial administrative agency, and will live and die with the enterprise.