In economic life, some people often confuse the core part of the company name-the font size and the trademark. In fact, the company name and trademark are different. The main differences are as follows: First, the legal basis for registration is different. Trademarks are registered in accordance with the provisions of the Trademark Law, and enterprise names are registered in accordance with the Company Law, the Law on Enterprises with Foreign Investment, the Law on Sino-foreign Joint Ventures and other laws and administrative regulations. Second, the acquisition methods are different. In our country, the trademark of general commodities adopts the principle of voluntary registration, that is, registered trademarks enjoy exclusive rights, unregistered trademarks can still be used, but they do not enjoy exclusive rights; For the enterprise name, it is not allowed to use the name without approval and registration, and it does not enjoy the right to name. Third, the characteristics and contents of rights are different. Trademark rights can be used by themselves or licensed to others, but the right of enterprise name is generally not allowed to be transferred separately or licensed to others. It should be noted that some enterprises register other people's Chinese trademarks as part of their enterprise names, but at present, our laws do not explicitly prohibit them. However, if the words that are the same as or similar to others' registered trademarks are obviously used on the same or similar goods as the company name, it will easily mislead the relevant public and still constitute trademark infringement.

legal ground

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes belongs to the act of others' exclusive right to register a trademark as stipulated in Item (5) of Article 52 of the Trademark Law, which causes other damage: (1) Using the same or similar words as the registered trademark of others as the company name is easy to mislead the relevant public.