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What is the difference between a company name and a trademark?

The first difference between a company name and a trademark is that the basis for registration is different. Second, the acquisition methods are different. Third, the characteristics and content of rights are different. The company name appears in the form of "organizational form with administrative divisions, trade names, industry characteristics", the core of which is the "trade name" (also called a trade name), which is the protected part. The characteristic of trademark protection is that it is limited to the category of products or services but not to the region.

What is the difference between a company name and a trademark? First, the basis for registration is different. A registered trademark is registered in accordance with the provisions of the Trademark Law, while an enterprise name is registered in accordance with the Company Law, the Foreign-Invested Enterprise Law, and the Sino-Foreign Joint Venture Law. , Sino-foreign cooperative enterprise law, partnership enterprise law, sole proprietorship enterprise law, enterprise name registration management regulations and other laws and administrative regulations. Second, the acquisition methods are different. In my country, voluntary registration and compulsory registration are implemented. The principle is that, except for certain specific goods that must use registered trademarks, trademarks for general goods adopt the principle of voluntary registration, that is, registered ones enjoy exclusive rights, and unregistered ones can still be used, but do not enjoy exclusive rights; while for enterprises, Names that have not been approved and registered are not allowed to be used, and they do not enjoy the right to name. Third, the characteristics and content of the rights are different. Trademark rights only have the characteristics of property rights and do not have personal characteristics, while corporate name rights are different. It is a right that has the characteristics of both personal rights and property rights. Therefore, the right to a company name is generally not allowed to be transferred separately or licensed to others.

The company name is in the form of "administrative division, name, industry characteristic organizational form". The core of the name is the "trade name" (also called the trade name), which is the protected part. The characteristic of trade name protection is that it is limited to regions and does not limit industries. For example, if a trade name is registered in Xiamen, no one else in Xiamen can use it again. This name can be used to register companies in any industry, but it can be used outside Xiamen. The function of a company name is to identify a business entity, and its target is the company. It often appears in documents and various signatures, and needs to be accurately informed to others. The "who" of your company is the place. Therefore, the font name can only be used as the abbreviation of the company in a local area, and cannot be used as a proxy for the product or service. Therefore, all practices of promoting products with the company name or font size are wrong. is not protected by law.

Trademark A trademark (or brand) protects the category of your product or service, which is different from your company name. The characteristic of trademark protection is that it is not limited to the category of products or services. For example, if you register a trademark, no company nationwide can use your trademark to promote its products or services on similar products or services. However, others can still apply for the exact same trademark on other categories of products or services. Both trademarks and company names are the most important components of a company. The difference between the two mainly lies in the basis for registration, the method of acquisition, and the characteristics and content. Different. The characteristics of trademark protection mainly lie in the category of the product or service, but it does not limit the area, while the company name limits the area but does not limit the category.