The difference between a trade name and a trademark is as follows: 1. The application for registration of different trademarks must strictly abide by the relevant provisions of the Trademark Law, so the rights related to registered trademarks are protected by the Trademark Law. Trademark rights belong to intellectual property rights and are highly protected by law. The state has not formulated a special law on trade names, and trade names are mainly registered according to the Company Law or the Regulations on the Administration of Enterprise Registration. The right of trade name belongs to the right of name and is slightly less protected by law. Second, the function of different trademarks is mainly used to distinguish goods, representing the reputation of goods, and must exist in connection with some specific goods attached to them. Trade names are mainly used to distinguish enterprises and represent the reputation of manufacturers, and must be associated with producers or operators of goods. Third, the scope of application is different. The Trademark Law stipulates that the period for the exclusive right to use a registered trademark is ten years. The exclusive right to use a trademark has no geographical restrictions. The exclusive right to use a trademark has a national scope and can even be extended to the global scope. There is no legal time limit for the right of trade name, which will make the enterprise live and die together; The scope of application of the right of trade name is limited, and it is only valid within the jurisdiction of the administrative department for industry and commerce. Fourth, the principles of registration are different. China implements the principle of "combining voluntary registration with compulsory registration" in trademark registration, which stipulates that whether to apply for registered trademarks of other commodities except drugs and tobacco products for human use follows the voluntary principle. The principle of "compulsory registration" applies to the registration of trade names. The acquisition of enterprise trade names must be registered by the relevant departments, and unregistered trade names may not be used.

Legal objectivity:

Provisions on the Administration of Enterprise Name Registration Article 3 When an enterprise applies for registration, its name shall be approved by the registration authority. The enterprise name can be used only after it has been approved and registered, and it enjoys the exclusive right within the prescribed scope. Article 26 of the Provisions on the Administration of Enterprise Name Registration violates these provisions, and the registration authority will punish the following acts according to the circumstances: (1) Whoever uses an enterprise name that has not been approved for registration to engage in production and business activities shall be ordered to stop business activities, his illegal income shall be confiscated or he shall be fined between 2,000 yuan and 20,000 yuan, and if the circumstances are serious, he may be concurrently punished; (two) unauthorized change of enterprise name, given a warning or a fine of 654.38+million yuan to 654.38+million yuan, the deadline for registration of change; (3) Anyone who transfers or leases his own enterprise name without authorization shall have his illegal income confiscated and be fined between 1000 yuan and 1000 yuan.