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The difference between trade name rights and trademark rights

1. The objects are different. The object of trademark rights is the trademark applied for and approved for registration, which is a sign that distinguishes goods and sources, while the object of trade name rights is only a sign that distinguishes the enterprise itself, has the attribute of personal rights, is closely related to the personality and identity of a specific business subject, and is closely related to the subject. Qualifications live and die together. For example: If a company is canceled and a new company is established, its trade name rights will be lost, but the trademark rights can be transferred. If the trademark is transferred, it will belong to the new company's name. 2. The registration authorities are different. To obtain trademark rights, you must submit an application to the Trademark Office of the State Administration for Industry and Commerce, and to obtain trade name rights, you must submit an application to the local industrial and commercial administration agency. 3. The rights are different in nature. Trademark rights belong to intellectual property rights; in my country, trade name rights belong to name rights, so trade name rights are more closely related to a person or identity. In the legislation of some countries and international organizations, trade name rights are stipulated as intellectual property rights, and it is believed that trade name rights also have some attributes of intellectual property rights. 4. The scope of rights and timeliness are different. The exercise of trademark rights is valid nationwide and has statutory timeliness. The period of use is 10 years and can be renewed upon expiration. The exercise of trade name rights is valid within the jurisdiction of the registered industrial and commercial administrative agency, and will live and die with the enterprise. 5. The applicable laws are different. The trademark owner applies for registration and use in accordance with the provisions of the Trademark Law, and the trade name owner registers in accordance with the Company Law or the Enterprise Registration Management Regulations. 6. Different forms of expression. A trademark consists of words, graphics, letters, numbers, three-dimensional logos, color combinations, sounds, etc., as well as a combination of the above elements; while a trade name can only be expressed through Chinese characters. 7. The procedures for realizing rights are different. Trade name rights: The applicant submits an application to the Industry and Commerce Bureau in the jurisdiction where the applicant is located, and upon approval of registration by the State Administration for Industry and Commerce, the applicant also obtains the trade name rights. To obtain trademark rights, the applicant needs to submit an application to the Trademark Office of the State Administration for Industry and Commerce, and go through the following procedures: formal examination, substantive examination, announcement, opposition and other procedures. 8. The same commercial entity can only own one trade name right, but can own multiple trademark rights.