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What is the relationship between a trademark and a trade name?
there are many other signs or marks that are very similar to trademarks in various commercial activities in the commercial market. Some of them are related to the commodity economy, but they are different from the trademarks used in commodities, and some of them are used in commodities with the same thing and the same owner. These signs or marks are easily confused with trademarks, so it is necessary to introduce them in detail. Trade name (industrial and commercial name) is one of them. TradeNames (trade names, also known as: enterprise logo, manufacturer logo) mainly refers to a part of the business name used by operators engaged in production or business activities when registering, which is the specific logo and name of factories, shops, companies, groups and other enterprises and enjoys exclusive use rights according to law. The right of trade name belongs to the category of industrial property rights defined in the Paris Convention for the Protection of Industrial Property, and the trade name obtained through legal registration is also protected by law. China's laws do not clearly stipulate the right of trade name, but the General Principles of Civil Law has specific provisions on the protection of the right of enterprise name. The right of trade name (industrial and commercial name) has the attribute of personal right, which is closely related to the personality and identity of a specific commercial subject, and lives and dies with the qualification of the subject. The right of trade name (industrial and commercial name) has the attribute of spiritual property right. According to the general practice in the world, the exclusiveness and exclusiveness of the right of trade name (industrial and commercial name) are confirmed. The owner of a trade name (industrial and commercial name) can not only use his trade name (industrial and commercial name) according to law, but also have the right to prohibit others from repeatedly registering or using or embezzling his trade name (industrial and commercial name) without authorization, and have the right to bring a lawsuit against the infringement of his trade name (industrial and commercial name) for compensation. There are different provisions in the laws of different countries on the transfer of trade name (industrial and commercial name). The provisions of the general principles of civil law in China are similar to those in French law: the trade name (industrial and commercial name) is allowed to be bought, sold, licensed or mortgaged. Trade names (industrial and commercial names) are closely related to trademarks, and often appear on the same commodity together. Trade names (industrial and commercial names) can sometimes become a part of trademarks or the same content, but sometimes they are not. Trade names (industrial and commercial names) and trademarks are different in function and nature, which are mainly manifested as follows: (1) Trademarks are mainly used to distinguish commodities, representing the reputation of commodities, and must exist in connection with certain specific commodities to which they are attached, and trademarks belong to intellectual property rights; Trade name (industrial and commercial name) is mainly used to distinguish enterprises, representing the reputation of manufacturers, and must exist in connection with the producers or operators of commodities. Trade name (industrial and commercial name) has the right to name, so the right of trade name (industrial and commercial name) is more closely related to personal or identity. (2) Trademarks are registered and used in accordance with the provisions of the Trademark Law and have exclusive rights. Its exclusive right is valid throughout the country and has statutory timeliness; Trade names (industrial and commercial names) are registered in accordance with the Company Law or the Regulations on the Administration of Enterprise Registration, and also have exclusive rights. Its exclusive right is valid within the geographical scope under the jurisdiction of the registered administrative department for industry and commerce, and it lives and dies with the enterprise. (3) In China, trademark rights are protected by special trademark law; The right of trade name (industrial and commercial name) is only protected according to the protection method of the general principles of civil law on the right of enterprise name. (4) When a commodity with a registered trademark marked with a company's trade name (industrial and commercial name) is sold to another country, it is necessary for the seller to register its trademark in another country, but it is not necessary to register its trade name (industrial and commercial name) again. When some enterprises register their own trade names (industrial and commercial names) as trademarks, or change their registered trademarks into enterprise trade names (industrial and commercial names), trademarks and trade names (industrial and commercial names) become the same content or an integral part of them. This is allowed by the Trademark Law, the Company Law and the Regulations on the Administration of Enterprise Registration. However, in more cases, because many trade names (industrial and commercial names) do not have obvious characteristics, it is not appropriate and can not be registered as trademarks. It should be noted that trademarks and trade names (industrial and commercial names) can be registered or registered with each other, and some people with impure intentions take advantage of this to register words identical or similar to other people's well-known trademarks as the trade names of enterprises (industrial and commercial names) or to register words identical or similar to other well-known enterprises (industrial and commercial names) as trademarks. Trying to confuse the source of goods and enterprises, making people mistakenly think that they are the same source or related, and borrowing the reputation and influence of others to earn profits. This is the so-called "brand-name" phenomenon that often appears in China in recent years. store