Current location - Trademark Inquiry Complete Network - Trademark inquiry - What is the difference between the right of trade name and the right of enterprise name?
What is the difference between the right of trade name and the right of enterprise name?
Legal subjectivity:

1, different objects. The object of trademark right is a trademark that has been applied for and approved for registration, which is a symbol to distinguish goods from sources, while the object of trade name right is only a symbol to distinguish enterprises themselves, which has the attribute of personal rights, is closely related to the personality and identity of a specific commercial subject, and lives and dies with the qualification of the subject. For example, if a company cancels and establishes a new company, its trade name right will be lost, the trademark right can be transferred, and the trademark transfer can be attributed to the new company. 2. The registered institutions are different. The trademark right is obtained by submitting an application to the Trademark Office of the State Administration for Industry and Commerce, and the trade name right is obtained by submitting an application to the local administrative department for industry and commerce. 3. The nature of ownership is different. Trademark ownership of intellectual property rights; In our country, the right of trade name belongs to the right of trade name, so the right of trade name is more closely related to people or identity. In the legislation of some countries and international organizations, the trade name right is defined as intellectual property, and it is considered that the trade name right also has some attributes of intellectual property. 4. The scope and limitation of rights are different. The exercise of trademark rights is valid nationwide and legally limited. The service period is 10 year, which can be renewed upon expiration. The exercise of trade name 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. 5. The applicable laws are different. Trademark owners apply for registration and use in accordance with the provisions of the Trademark Law, and business owners register in accordance with the Company Law or the Regulations on the Administration of Enterprise Registration. 6. Different forms of expression. A trademark consists of characters, figures, letters, numbers, three-dimensional signs, color combinations, sounds and the combination of the above elements; Commodity names can only be expressed in Chinese characters. 7. The realization procedures of rights are different. Trade name right: the applicant applies to the industrial and commercial bureau in his jurisdiction, and after being approved and registered by the State Administration for Industry and Commerce, he also obtains the trade name right. The acquisition of trademark rights requires the applicant to apply to the Trademark Office of the State Administration for Industry and Commerce, and go through the procedures of formal examination, substantive examination, announcement and objection. 8. The same commercial entity can only have one trade name right, but it can have multiple trademark rights.

Legal objectivity:

Article 10 13 of the Civil Code: Legal persons and unincorporated organizations have the right to name, and have the right to decide, use, change, transfer or permit others to use their names according to law.