Legal Subjectivity:
What is the difference between a business name and a corporate trademark? First of all, a company generally has only one business name, just like our ID card, and a person has only one name. , you only have one ID card. What about business name trademarks? A business name can have many trademarks, and one trademark can also be used on multiple business names. The second is the different forms of expression. Trademarks can have multiple forms of expression, including graphics, text, and letters, while enterprise business names can only be composed of two or more Chinese characters. According to the "Enterprise Name Registration Management Regulations" 》Article 10 stipulates: Enterprises can choose the font size. Font size should consist of two or more characters. Enterprises can use local or foreign place names as trade names with legitimate reasons, but they are not allowed to use the names of administrative divisions above the county level as trade names. Private enterprises can use the names of investors as trade names. The third is that the laws for protection are different. Trademarks are protected by the Trademark Law, while business names are protected by the Regulations on the Registration and Management of Enterprise Names. The fourth is that the time and place of protection are different. Trademark protection only lasts for ten years. If you want to use it again after ten years, it must be renewed. However, a business name is lifelong and can be registered once. The locations of protection are also different. Once a trademark is registered in China, it is protected nationwide, while business names are generally limited to certain administrative divisions such as provinces, cities, and counties. A business entity can only have one business name, but can have multiple trademarks. Business names and trademarks also have many similarities, mainly in the following aspects: (1) The scope of rights is basically the same. Both trademark rights and business name rights are intangible properties, and both have exclusive rights, use rights, and transfer rights. They also belong to the category of intellectual property rights. However, the intellectual property rights of business names are still subject to expert discussion and theoretical research. (2) They are all important components of goodwill. Both can serve the functions of indicating and distinguishing the source of goods or services, ensuring quality, and advertising. (3) As the exclusive rights of commercial entities, the tort liability of the two is very similar, and both fall into the category of unfair competition. (4) The two can be consistent within the scope permitted by law. That is, a business name can be applied for trademark registration, and a trademark can be applied for a business name. Furthermore, the trademark and trade name can be the same. The above is the legal knowledge introduced to you by the editor of "What is the difference between business name rights and trademark rights". Legal objectivity:
Article 41 of the "Trademark Law of the People's Republic of China" If a registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted. Article 42 of the "Trademark Law of the People's Republic of China" When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. Article 43 of the Trademark Law of the People's Republic of China: A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark. Article 56 of the Trademark Law of the People's Republic of China stipulates that the exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.