A brand is a name, term, sign, symbol or design, or a combination thereof, used to identify the goods and services of one or a group of sellers so as to distinguish them from those of competitors. Distinguish it

Trade name refers to the name of an enterprise. 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.

Trade names and trademarks are increasingly important in the modern market economy. The president of Coca-Cola Company once joked that even if Coca-Cola Company was reduced to ashes by fire overnight, relying on the Coca-Cola brand, the company could quickly make a comeback. The competition in the field of trade names and trademarks is becoming increasingly fierce, and trade names and trademarks are even separated from the products to a certain extent, showing their own independent value.

The reason why trade names and trademarks are so important is that "the name contains the promise of the product", and consumers know the company through the trademark or trade name. Companies use trade names and trademarks to communicate information to consumers. Trade names and trademarks are the bridge between enterprises and consumers. Without trade names and trademarks, it would be difficult for consumers to distinguish between the numerous goods and services on the market and establish consumer trust. However, there is a certain conflict between the two rights of trade name and trademark. (For details, please see: /zhishi/HTML/10112.shtml)

Trade Names (also known as: corporate logo, manufacturer logo) mainly refer to the registration of operators engaged in production or business activities. It is used to represent part of one's business name. It is the specific logo and name of a factory, store, company, group, etc., and enjoys the exclusive right to use it in accordance with the law. Trade name rights belong to the category of industrial property rights defined in the Paris Convention for the Protection of Industrial Property. Trade names obtained through legal registration are also protected by law.

Our country’s laws do not clearly stipulate trade name rights, but the “General Principles of Civil Law” has specific provisions on the protection of corporate name rights. Trade name rights have the attribute of personal rights, which are closely related to the personality and identity of a specific commercial subject, and live and die together with the subject's qualifications. Trade name rights also have the attribute of spiritual property rights. According to international practice, the exclusivity and exclusiveness of trade name rights are confirmed. The owner of a trade name right can not only use his trade name in accordance with the law, but also has the right to prohibit others from repeating registration or unauthorized use or misappropriation of his trade name, and has the right to file a lawsuit for compensation for infringement of his trade name right. Regarding the transfer of trade name rights, the laws of various countries have different regulations. The provisions of the General Principles of Civil Law in my country are similar to the provisions of French law: it is allowed to buy, sell, license to use or set as a mortgage the trade name.

The relationship between trade names and trademarks is extremely close, and they 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 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 attached to them. Trademark rights exist in connection with goods;

Trade names are mainly used to distinguish enterprises and represent the reputation of manufacturers. They must exist in connection with the producers or operators of goods. Trade name rights It belongs to the right of name, so the right of trade name is more closely related to the person or identity.

(2) Trademarks are registered and used in accordance with the provisions of the Trademark Law and have exclusive rights. Its exclusive rights are valid nationwide and have statutory timeliness;

Business names registered in accordance with the "Company Law" or "Enterprise Registration Management Regulations" also have exclusive rights. 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;

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.