McDonald’s Company changed its name to Golden Arches (China) Co., Ltd., but the restaurant is still called McDonald’s. “McDonald’s” is the trademark and “Golden Arches” is the business name. The specific differences are as follows:
Different ownership: Trademarks are mainly used to distinguish goods or services provided by different product producers and operators. It reflects the quality, characteristics or services of specific goods, making it easier for people to recognize the brand for purchase or consumption, and to prevent confusion with others. Confusion regarding the same goods or similar goods and services. A trademark exists in connection with certain specific goods to which it is attached, and trademark rights are intellectual property rights. A trade name reflects a specific subject identity and is mainly used to distinguish an enterprise to avoid confusion with other operators in various activities and misunderstanding by the public. A trade name exists in connection with the producer or operator of the goods, and the trade name right belongs to the name right, so the trade name right is more closely related to the person or identity.
The time effect is different: the trademark is valid nationwide or on a larger scale. There is a statutory time limit for the protection of trademark rights. A registered trademark is valid for ten years and can be renewed upon expiration. The exclusive right to use a trade name generally only takes effect within the jurisdiction of the registration authority (except for national enterprises). There is no statutory time limit for the protection of trade name rights, and trade names and enterprises live and die together.
Applicable laws are different: a trademark applied for registration at the Trademark Office is protected by the Trademark Law, and must comply with the provisions of the Trademark Law when registering. Trade names must be registered with the industrial and commercial administration authorities in their respective regions and must be registered in accordance with the "Enterprise Name Registration and Management Conditions" before they can be obtained and used, and must be used and managed in accordance with the provisions of the "Regulations". Moreover, our country has adopted the principle of "compulsory registration" for trade name registration as of March 25, 2024, that is, unregistered trade names cannot be used.