First of all, the review management departments of the two are different. Company name registration is reviewed by the Administration for Industry and Commerce, while trademark registration is reviewed by the State Trademark Office.
Secondly, the meanings and representative functions of the two are different. Trade Names (also known as: corporate logo, manufacturer logo) mainly refer to the part of the business name used by operators engaged in production or business activities to express their business names when registering, and are used by factories, stores, companies, groups and other enterprises. Certain marks and names enjoy the exclusive right to use in accordance with the law. A company's name contains a trade name. The role of a trade name in a company name is to highlight the uniqueness of the company and to distinguish it from other companies. Trademark refers to the mark of a product or service. The function of a trademark is to distinguish products or services with a certain external mark. It can be said that a trade name is the name of a company, while a trademark is the name of the products or services provided by the company. The common function of trade names and trademarks is to provide customers with identification marks, guide consumers' choices, expand their market advantages, and serve corporate management and operations.
Furthermore, the two are extremely closely related and often appear together on the same product. In some cases, the trade name can become an integral part of the trademark or the same content, but sometimes it is not. Trade names and trademarks are different in terms of function and nature. The main manifestations are as follows:
(1) Trademarks are mainly used to distinguish goods. They represent the reputation of goods and must be consistent with certain specific names to which they are attached. Tradenames exist in connection with goods, and trademark rights belong to intellectual property rights; trade names are mainly used to distinguish enterprises, representing the reputation of manufacturers, and must exist in connection with the producers or operators of goods. Trade names belong to name rights, so trade name rights Be more connected to a person or identity.
(2) Trademarks are registered and used in accordance with the provisions of the Trademark Law and have exclusive rights. The exclusive right is valid nationwide and has statutory timeliness; the trade name is registered in accordance with the "Company Law" or the "Enterprise Registration Management Regulations" and also has the exclusive right. Its exclusive right is valid within the jurisdiction of the registered industrial and commercial administrative agency, and will live and die with the enterprise.
(3) In my country, trademark rights are protected by special trademark law; while trade name rights are only protected in accordance with the protection methods of enterprise name rights in the General Principles of Civil Law.
(4) When goods with a registered trademark bearing a company's trade name are sold to another country, the seller must register the trademark in the other country, but there is no need to register the trade name again. register.
When some companies register their trade names as trademarks, or change registered trademarks and register them as the company's trade names, the trademark and trade name become the same content or an integral part of them. This is all allowed by the Trademark Law, Company Law and Enterprise Registration Management Regulations.