1. What is the difference between a trade name and a trademark? The difference between trade names and trademarks (l) The constituent elements are different. The name of an enterprise generally consists of the name of the administrative division, the font size, the characteristics and nature of the industry or operation. A trademark can only be composed of a significant part that distinguishes it from products or services provided by others. (2) Different functions. Trademarks distinguish the source of products or services, while enterprise names can identify the operations of different enterprises. An enterprise can have multiple trademarks, but there is only one enterprise name. (3) The applicable legal procedures are different. A trademark can be used without registration as long as it does not violate the provisions prohibited by the Trademark Law or infringe upon the exclusive right to use a trademark and other prior rights of others. The enterprise name must be approved and registered by the competent authority designated by the state before it can be used. (4) The scope of exclusive exploitation right is different. Once a trademark is approved and registered, it enjoys the exclusive right throughout the country. The enterprise name only enjoys the exclusive right in the specified area. (5) Different forms of expression. Trademarks are expressed in words, graphics or their combinations, and enterprise names can only be expressed in words. (6) Trademarks may be transferred or licensed for use by others, while enterprise names may not be transferred separately or allowed for use by others.
II. Similarities between the two parties There are also many similarities in business names and trademarks, mainly as follows: (1) The scope of rights is basically the same. Trademark right and trade name right belong to intangible property, with exclusive right, use right and transfer right, and also belong to the category of intellectual property rights. However, the intellectual property rights of trade names are still in the discussion of experts and theoretical discussions. (B) are an important part of goodwill. Both of them can represent and distinguish the source of goods or services, ensure quality, and advertise. (3) As the exclusive rights of commercial subjects, their tort liabilities are very similar, both of which belong to the category of unfair competition. (four) the two can be consistent within the scope permitted by law. That is, business names can apply for trademark registration, and trademarks can apply for business names. Moreover, trademarks and business names can be the same. As can be seen from the above, trademarks can be unified in some cases, but if someone else registers a trademark and you want to use this trademark name as the enterprise name, it will not be unified. When starting a business, it is best to register a 35-category trademark and unify the trademark name with the trade name. When registering a business name, you should consider the trademark! When an enterprise is registered, it also needs to have a corresponding enterprise name or trademark. The enterprise name and trademark are intangible assets belonging to the enterprise, both of which have exclusive rights, use rights and transfer rights. At the same time, the business name and trademark can indicate or distinguish the source and propaganda function of goods, and both of them can not be violated at will.