1, with 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;
2. Different registration authorities submit applications to the Trademark Office of the State Administration for Industry and Commerce to obtain trademark rights, while the right to trade names is obtained by submitting applications to the local administration for industry and commerce;
3, the nature of ownership is different, and trademarks belong to intellectual property rights;
4. The scope and limitation of rights are different. The exercise of trademark rights is valid nationwide and has a statutory limitation. The service period is 65,438+00 years, which can be renewed upon expiration;
5. Different applicable laws;
6. Different forms of expression;
7. The realization procedures of rights are different;
8. The same commercial entity can only have one trade name right, but it can have multiple trademark rights.
the trademark law of the people's republic of china
Article 62
The administrative departments for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use registered trademarks of others:
(1) Asking the parties concerned and investigating the situation related to the infringement of the exclusive right to use a registered trademark of others;
(2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;
(three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others;
(4) Examining articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained.
When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
In the process of investigating trademark infringement cases, if there is a dispute over trademark ownership or the obligee brings a trademark infringement lawsuit to the people's court at the same time, the administrative department for industry and commerce may suspend the investigation of the case. After the reasons for suspension are eliminated, the investigation and handling procedures of the case shall be resumed or terminated.