Trade name refers to the manufacturer's trade name, or the name of the enterprise; a trademark is used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. A sign with distinctive features that is used to distinguish the source of goods or services and is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, colors, or a combination of the above elements, and is a product of the modern economy. How much do you know about trade names and trademarks? Below, the editor will introduce you to the relevant legal knowledge about trade names and trademarks in detail. Similarities and Differences between Trade Names and Trademarks

1. What is a trade name?

A trade name mainly refers to a part of the business name used by operators engaged in production or business activities to express their business names when registering , is the specific logo and name of factories, shops, companies, groups and other enterprises. This name is often used to sign documents when a business entity takes legal action in a commercial transaction.

There are broad and narrow distinctions between trade names. A trade name in a broad sense is equivalent to a commercial name, a trade name in a narrow sense only refers to a trade name, and a trade name in the commercial law sense usually refers to a business name in a broad sense. After the trade name is registered in accordance with the law, the business entity can obtain the trade name right, that is, the exclusive right to use it. The trade name right belongs to the category of industrial property rights defined in the Paris Convention for the Protection of Industrial Property and is protected by law. Most scholars believe that trade name rights are a mixed right that combines personal rights and property rights. The similarities and differences between trade names and trademarks

2. What is a trademark?

As for the concept of trademark, there is no clear provision in Chinese law, but according to Article 8 of the Trademark Law, regarding trademark applications The registration regulations seem to be defined as follows: A trademark refers to anything that can distinguish one kind of goods from other kinds of goods, including words, graphics, letters, numbers and colors, as well as the visibility formed by the combination of the above elements. logo. A trademark that has been registered through legal procedures is a registered trademark, and the applicant has trademark rights, that is, the exclusive right to use the trademark according to law.

3. The difference between trade names and trademarks

Trade names, also known as manufacturer names, are the names of enterprises, and trade names are part of industrial property rights. Like trademarks, they are protected by law. Its function is to identify different enterprises within a certain geographical scope and in a certain industry. Moreover, it identifies the entire enterprise. The function of a trademark is to distinguish one enterprise's products from those of other enterprises.

Trade names must be registered in accordance with the "Enterprise Name Registration and Management Conditions" before they can be obtained and used, and must be used and managed in accordance with the "Regulations". Trademarks must be managed and used in accordance with the "Trademark Law". Trademarks can Registration or not registration is required. The scope of legal effect of trademark registration and trade name registration is different. Once a trademark is approved for registration, no other person may use or register the same or similar trademark on the same or similar goods nationwide.

Regional protection is implemented for trade names. There is one difference between trademarks and trademarks, that is, an enterprise can use and register many trademarks, but there is only one trade name. There is a close relationship between trademarks and trade names. They often appear on the same product or product packaging at the same time, and they influence and cooperate with each other, and both play a role in identification and promotion. The main similarities between trade names and trademarks

(1) The scope of rights is basically the same.

Both trademark rights and trade name rights are intangible properties, and both have exclusive rights, rights of use, and transfer rights. They also belong to the category of intellectual property rights. However, the intellectual property rights of trade names still remain in expert discussions and theories. Under discussion.

(2) Both are important components of goodwill.

Both can serve the functions of indicating and distinguishing the source of goods or services, ensuring quality, and advertising.

(3) 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) The two can be consistent within the scope permitted by law.

That is, 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.