What is the difference between a company name and a trademark?
What is the difference between a company name and a trademark? 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 laws and administrative regulations such as the Company Law, the Foreign Investment Enterprise Law, the Sino-foreign Joint Venture Law, the Sino-foreign Cooperative Enterprise Law, the Partnership Enterprise Law, the sole proprietorship enterprise law, and the provisions on the administration of enterprise name registration. Second, the acquisition methods are different. In our country, the principle of combining voluntary registration with compulsory registration is implemented for trademarks. The practice is that except for certain commodities that must use registered trademarks according to regulations, trademarks of general commodities adopt the principle of voluntary registration, that is, registered ones enjoy exclusive rights, while unregistered ones can still be used, but they do not enjoy exclusive rights; For enterprise 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 contents of rights are different. Trademark right is an industrial property right, which only has the characteristics of property right, but not personal, while the right of enterprise name is a right with both personal rights and property rights. Therefore, the enterprise name right is generally not allowed to be transferred separately or licensed to others. Company name Company name appears in the form of "administrative division, trade name and industry characteristic organization form", and its core is "trade name" (also called trade name), which is a protected part. The characteristic of font size protection is that the limited area is not limited to the industry. For example, if you register a shop name in Xiamen, no one else in Xiamen can register a company in any industry with this shop name, but it can be outside Xiamen. The role of company name is to identify a business entity, and its target is the company. It often appears in documents, all kinds of signatures, and places where you need to tell others exactly who your company is. Therefore, the font size can only be used as the abbreviation of the company in some areas, not as a substitute for products or services. Therefore, all the practices of promoting products by company name or font size are wrong and are not protected by law. Trademark trademark (or brand), the object of protection is the category of products or services, and the trademark is the pronoun of your products or services. This is different from the company name. The characteristic of trademark protection is that the category of products or services is not limited to regions. For example, if you register a trademark, no company in China can use your trademark to promote its products or services on similar products or services. However, others can still apply for identical trademarks on other categories of products or services. Trademark and company name are the most important components of a company, and the difference between them lies mainly in the basis of registration, the way of obtaining, and the differences in characteristics and contents. The characteristic of trademark protection mainly lies in the category of products or services, but it does not restrict the region, while the company name is restricted the region without restricting the category.