The exclusive right to use a trademark (hereinafter referred to as the trademark right) refers to the right to use a trademark approved and registered by the State Trademark Office for the exclusive use of others, excluding anyone else. Trademark right is also a kind of property right, which is as exclusive and exclusive as other property of all people. A trade name is part of an enterprise name. Enterprises include industrial enterprises, transportation enterprises, construction enterprises and commercial enterprises. Any enterprise has a name, but only the trade name of a commercial enterprise is a trade name. The right of trade name is also called the right of shop name, which is divided into broad sense and narrow sense. In a broad sense, it refers to the right of enterprise name, and in a narrow sense, it only refers to the right of shop name in the name of commercial enterprise. The trade name right in this paper includes the right of the enterprise to its name and font size. The registered trademark as the object of trademark right and the trade name as the object of trade name right are both spiritual wealth created by people, and they are symbols with distinctive characteristics, which should be protected by law. 1, different objects. The object of trademark right is a trademark that has been applied for and approved for registration, which is a symbol to distinguish goods from sources, while the object of trade name right is only a symbol to distinguish enterprises themselves, which has the attribute of personal rights, is closely related to the personality and identity of a specific commercial subject, and lives and dies with the qualification of the subject. 2. The registered institutions are different. The trademark right is obtained by submitting an application to the Trademark Office of the State Administration for Industry and Commerce, while the trade name right is obtained by submitting an application to the local administrative department for industry and commerce. 3. The nature of ownership is different. Trademark ownership of intellectual property rights; In our country, the right of trade name belongs to the right of trade name, so the right of trade name is more closely related to people or identity. In the legislation of some countries and international organizations, the trade name right is defined as intellectual property, and it is considered that the trade name right also has some attributes of intellectual property. 4. The scope and limitation of rights are different. The exercise of trademark rights is valid nationwide and legally limited. The service period is 10 year, which can be renewed upon expiration. 5. The applicable laws are different. Trademark owners apply for registration and use in accordance with the provisions of the Trademark Law, and business owners register in accordance with the Company Law or the Regulations on the Administration of Enterprise Registration. 6. Different forms of expression. Trademarks are represented by words, figures, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above elements. Commodity names can only be expressed in Chinese characters.