Legal subjectivity:
Company name and trademark name are different. There are many similarities in legal protection between corporate names and registered trademarks. Both are distinguishing marks used in production and business activities, and both ensure the quality of goods and services, maintain corporate reputation, and protect the rights through exclusive rights granted by law. The purpose of consumer interests, and in some cases, the two are combined into one, such as the famous "Lenovo" and "Haier", which are both trademarks and the core of the company name - the font size. However, we cannot confuse trademarks with business names. After all, they are two different concepts. The main differences are: First, the basis for registration is different. Registered trademarks are registered in accordance with the provisions of the Trademark Law, while enterprise names are registered in accordance with the Company Law, the Foreign-Invested Enterprise Law, the Sino-Foreign Joint Venture Law, the Sino-Foreign Cooperative Enterprise Law, the Partnership Law, the Sole Proprietorship Law, the Enterprise Name Registration Management Regulations and other laws. , administrative regulations for registration. Second, the acquisition methods are different. In our country, trademarks are subject to the principle of combining voluntary registration and compulsory registration. The method is that except for certain specific goods that must use registered trademarks, trademarks for general goods adopt the principle of voluntary registration, that is, registered ones have exclusive rights, and unregistered ones have exclusive rights. can still be used, but does not enjoy exclusive rights; as for corporate names, names that have not been approved and registered are not allowed to be used, and they do not enjoy the right to name. Third, the characteristics and content of rights are different. Trademark rights are industrial property rights that only have the characteristics of property rights and do not have personal characteristics, while corporate name rights are rights that have characteristics of both personal rights and property rights. Therefore, corporate name rights are generally not allowed to be transferred individually or licensed to others for use. Legal objectivity:
The difference between a trademark and a business name: (1) The constituent elements are different. The company name generally consists of the name of the administrative division, trade name, industry or business characteristics, and organizational form. A trademark can only consist of a distinctive part that distinguishes it from the services provided by others. (2) Different functions. Service marks only distinguish the origin of different services, while business names can identify the operations of different companies, including services and goods. A company can have multiple trademarks for services or goods, but generally only one company name. (3)The applicable legal procedures are different. As long as the service trademark does not violate the prohibited provisions of the Trademark Law and does not infringe the exclusive rights of others' trademarks, it can be used without registration, but there is no exclusive right. The company name must be approved and registered by the competent authority designated by the state before it can be used. (4) The scope of exclusive rights is different. Once a service trademark is approved and registered, it enjoys exclusive rights nationwide. The company name only enjoys exclusive rights within the specified area. (5) Different forms of expression. Service marks are expressed in the form of words, graphics and their combinations, and company names can only be expressed in words. (6) The applicable laws are different. Laws regulating business names vary greatly from country to country, while trademarks are regulated by the Trademark Law and the Anti-Unfair Competition Law. (7) The trademark can be transferred or licensed to others, but the company name cannot be transferred alone, nor can it be used by others.