1. The difference between trademarks and trade names

1. Trademarks indicate the source of goods and mainly enhance the reputation of goods; while trade names are used to distinguish civil entities and demonstrate the business reputation of enterprises. and the ability to bear civil liability. Specifically, there are the following differences: different functions and effects, different forms of expression, different scope of use and effectiveness.

2. Legal basis: Article 39 of the "Trademark Law of the People's Republic of China"

The validity period of a registered trademark is ten years, calculated from the date of approval of registration .

2. What are trade name rights and trademark rights?

Trademark rights refer to the trademark owners’ rights to their trademarks that have been approved and registered by the trademark authority within the validity period stipulated by law. Exclusive and exclusive right to use and dispose of. The trademark authority here refers to the Trademark Office of the State Administration for Industry and Commerce, and the trademark owner is the applicant. To obtain trademark rights in my country, the trademark registration procedure must be followed, and the first-to-file principle must be implemented.

The right to trade name usually refers to the enterprise name or manufacturer name. As a symbol of the enterprise's specificity, the trade name is an expression of the enterprise's legal personality. Our country's laws do not clearly stipulate trade name rights, but only stipulate in relevant laws and regulations: legal persons, individual industrial and commercial households, and individual partnerships enjoy the right to name and transfer their name rights in accordance with the law. Once approved and registered, a trade name can be used in plaques, contracts, product packaging, etc. Its exclusive right to use is not time-sensitive and will only be terminated when the manufacturer to which it is attached dies.