Are trademarks and business licenses the same thing? At present, there are still many people who are confused about the relationship between the two, and they don’t know which one to register, whether to register both or just one with a business license. Let Mande Enterprise Service come to you to sort out these two. The problem lies between them.

In fact, in principle, it is better to register the company name and trademark together. If it is really difficult at the moment, it doesn’t matter if you wait a little longer. However, with the crazy growth rate of 70-80% of Chinese trademarks every year, it is becoming increasingly difficult to register good trademarks, especially short and easy-to-remember trademarks of 2 or 3 characters.

In fact, the protection of trademarks and business licenses goes hand in hand.

After a trademark is registered, the same company name as the service trademark that has been used by other companies in the same industry can still continue to be used. At the same time, after the service trademark is registered, the same words can also be used by the enterprise after it is approved by the industrial and commercial department and registered as a font size in the enterprise name. The exclusive rights to trademark and business name are two different rights, regulated by different laws and regulations.

1. The exclusive right to use a trademark and the right to a business name are rights confirmed by legal procedures and are protected by trademark laws and regulations and business name registration and management laws and regulations respectively.

2. The acquisition of exclusive rights to trademarks and business names shall comply with the principle of good faith in the General Principles of Civil Law and the Anti-Unfair Competition Law, and the reputation of other people’s trademarks or business names shall not be used for unfair purposes. Fair competition.

3. A trademark is a sign that distinguishes the source of different goods or services and consists of words, graphics or a combination thereof; a company name is a sign that distinguishes different market entities and consists of administrative division, trade name, industry or business characteristics, Organizational form, in which the font size is the main symbol that distinguishes different enterprises.

4. The words in the trademark and the font size in the company name are the same or similar, causing others to confuse the market entity and the source of its goods or services (including the possibility of confusion, the same below), thereby constituting Unfair competition shall be stopped in accordance with the law.

5. When dealing with confusion between trademarks and business names, the principles of maintaining fair competition and protecting the interests of prior legal rights holders should be applied.

6. If the trademark registrant or the owner of the business name believes that his or her rights and interests have been harmed, he or she may complain in writing to the State Administration for Industry and Commerce or the provincial Administration for Industry and Commerce, and attach a report stating that his or her rights and interests have been harmed. Relevant evidence materials.

7. If a case of confusion between a trademark and a company name occurs within the same provincial administrative region, it shall be handled by the Provincial Administration for Industry and Commerce; if it crosses provincial administrative regions, it shall be handled by the State Administration for Industry and Commerce. . Cases requiring the protection of enterprise name rights shall be handled by the trademark management department of the industrial and commercial administration bureaus at or above the provincial level; if a registered trademark should be revoked, the handling department shall submit an opinion and submit it to the Trademark Office of the State Administration for Industry and Commerce for decision, and the State Administration for Industry and Commerce shall The Trademark Office of the State Council, together with the Enterprise Registration Office, will handle the matter in accordance with the relevant provisions of the Trademark Law and the Implementing Rules of the Trademark Law.

8. Any use of a trademark or company name that causes confusion in violation of the relevant provisions on trademark management and enterprise name registration management shall be investigated and punished by the competent industrial and commercial administration authorities in accordance with the law.

How much does industrial and commercial registration cost? Trust us with Mander Enterprise Services. The company's agency is safe and efficient, our tax consultants are professional, and Mander Enterprise Services is a one-stop service expert.