1. What is the difference between a trade name and a trademark? Commodity names and trademarks are closely related and often appear together on the same commodity. In some cases, a trade name can be a part of a trademark or the same content, but sometimes it is not. Trade names and trademarks are different in function and nature, mainly as follows: (1) trademarks are mainly used to distinguish goods and represent the reputation of goods, and must exist in connection with a specific commodity to which they are attached, and trademark rights belong to intellectual property rights; Trade names are mainly used to distinguish enterprises and represent the reputation of manufacturers, and must be associated with producers or operators of goods. The right of trade name has the right of name, so the right of trade name is more closely related to the person or identity. (2) A trademark is registered and used in accordance with the provisions of the Trademark Law and has the exclusive right to use it. Its exclusive right is valid nationwide and has a statutory limitation; Firms registered in accordance with the Company Law or the Regulations on the Administration of Enterprise Registration enjoy the same exclusive rights. Its exclusive right is valid within the geographical scope under the jurisdiction of the administrative department for industry and commerce, and it will live and die with the enterprise. (3) In China, trademark rights are protected by special trademark law; However, the right of trade name is only protected according to the protection method of the right of enterprise name in the Civil Code. (4) When goods marked with company trade name and registered trademark are sold to another country, the seller needs to register its trademark in another country, but does not need to register its trade name again. When some enterprises register their trade names as trademarks or change their registered trademarks into enterprise trade names, trademarks and trade names become the same content or an inseparable part. This is allowed by the Trademark Law, the Company Law and the Regulations on the Administration of Enterprise Registration. 2. What is the difference between a trade name and a trademark? Trade name is also called the name of the manufacturer, which is the name of the enterprise. Trade name is a part of industrial property rights. Like trademarks, they are also protected by law. Its function is to identify different enterprises in a certain geographical range and an industry. Moreover, it marks the whole enterprise, and the role of a trademark is to distinguish the goods of one enterprise from those of other enterprises. A trade name must be registered in accordance with the Conditions for the Administration of Enterprise Name Registration before it can be obtained and used, and used and managed according to regulations. Trademarks must be managed and used in accordance with the Trademark Law. A trademark may or may not be registered, and the legal effects of trademark registration and trade name registration are different. Once a trademark is approved for registration, no one else may use or register the same or similar trademark on the same or similar goods nationwide. On the other hand, regional protection is implemented for trade names. Another difference between trademarks and trademarks is that an enterprise can use and register many trademarks, while there is only one trade name. Trademarks and trade names are closely related. They often appear on the same commodity or commodity packaging at the same time, and interact and cooperate with each other, while * * * plays the role of identification and promotion. Whether it is a trade name or a trademark, it is actually a very professional thing for ordinary people. In real life, we are familiar with trademarks, but I believe everyone will not be too unfamiliar with trade names, especially the "century-old brand" in advertisements actually belongs to trade names. There is a difference between a trademark and a trade name, and it is also introduced above.

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.