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Is a trademark the name of a company?

A company name can be used as a trademark, but a company name is not a trademark. The differences between company names and trademarks are as follows:

1. The basis for registration is different. Registered trademarks are registered in accordance with the provisions of the Trademark Law, while enterprise names are registered in accordance with the Company Law, the Foreign-Invested Enterprise Law, the Sino-Foreign Joint Venture Law, the Sino-Foreign Cooperative Enterprise Law, the Partnership Law, the Sole Proprietorship Law, the Enterprise Name Registration Management Regulations and other laws. , administrative regulations for registration.

2. The methods of obtaining are different. In our country, trademarks are subject to the principle of combining voluntary registration and compulsory registration. The method is that except for certain specific goods that must use registered trademarks, the trademarks of general goods adopt the principle of voluntary registration, that is, registered ones have exclusive rights, and unregistered ones have exclusive rights. can still be used, but does not enjoy exclusive rights; as for corporate names, names that have not been approved and registered are not allowed to be used, and they do not enjoy the right to name.

3. Rights features and content are different. Trademark rights are industrial property rights that only have the characteristics of property rights and do not have personal characteristics, while corporate name rights are rights that have characteristics of both personal rights and property rights. Therefore, corporate name rights are generally not allowed to be transferred individually or licensed to others for use.

Legal basis:

Article 4 of the Trademark Law of the People's Republic of China

In the course of production and business activities, natural persons, legal persons or other organizations, If you need to obtain the exclusive right to use a trademark for your goods or services, you must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.