Legal Subjectivity:

1. What is the difference between a trade name and a trademark? Trade names and trademarks are closely related and often appear together on the same product. In some cases, a trade name can become a trademark. a component or the same content, but sometimes not. Trade names and trademarks are different in function and nature, mainly as follows: (1) Trademarks are mainly used to distinguish goods, represent the reputation of goods, and must exist in connection with certain specific goods to which they are attached. Trademarks Ownership belongs to intellectual property rights; trade names are mainly used to distinguish enterprises, represent the reputation of manufacturers, and must exist in connection with the producers or operators of goods. Trade names belong to name rights, so trade name rights are more closely related to people or identities. . (2) Trademarks are registered and used in accordance with the provisions of the Trademark Law and have exclusive rights. Its exclusive right is valid nationwide and has statutory timeliness; a trade name registered in accordance with the "Company Law" or "Enterprise Registration Management Regulations" also has exclusive rights. Its exclusive right is valid within the jurisdiction of the registered industrial and commercial administrative agency, and will live and die with the enterprise. (3) In my country, trademark rights are protected by special trademark law; while trade name rights are only protected in accordance with the protection methods of enterprise name rights in the Civil Code. (4) When goods with a registered trademark bearing a company's trade name are sold to another country, the seller must register the trademark in the other country, but there is no need to register the trade name again. When some companies register their own trade names as trademarks, or change registered trademarks and register them as the company's trade names, the trademark and trade name become the same content or an integral part of them. This is all allowed by the Trademark Law, Company Law and Enterprise Registration Management Regulations. 2. What are the differences between trade names and trademarks? A trade name, also known as the manufacturer's name, is the name of an enterprise. A trade name is part of industrial property rights. Like trademarks, they are protected by law. Its function is to identify different enterprises within a certain geographical scope and in a certain industry. Moreover, it identifies the entire enterprise. The function of a trademark is to distinguish one enterprise's products from those of other enterprises. Trade names 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 "Regulations". Trademarks must be managed and used in accordance with the "Trademark Law". Trademarks can be registered or not. The legal scope of trademark registration and trade name registration are different. Once a trademark is approved for registration, no other person may use or register the same or similar trademark on the same or similar goods nationwide. Trade names are subject to regional protection. There is one difference between trademarks and trademarks. An enterprise can use and register many trademarks, but there is only one trade name. There is a close relationship between trademarks and trade names. They often appear on the same product or product packaging at the same time, and they influence and cooperate with each other, and both play a role in identification and promotion. Whether it is a trade name or a trademark, it is actually a very professional thing for ordinary people. In real life, we are more familiar with trademarks, but I believe everyone is familiar with business names, especially the "century-old brands" in advertisements, which are actually business names. There are differences between trademarks and trade names, which are also introduced above. The law is objective:

Article 3 of the "Regulations on the Registration and Management of Enterprise Names" When an enterprise applies for registration, the enterprise name shall be approved by the registration authority of the enterprise name. The enterprise name can only be used after approval and registration, and it enjoys exclusive rights within the prescribed scope.

Article 26 of the "Provisions on the Administration of Registration of Enterprise Names" The following acts that violate these regulations shall be punished by the registration authority according to the circumstances: (1) Anyone who uses an enterprise name that has not been approved for registration to engage in production and business activities shall be ordered to cease operations. Activities, illegal gains will be confiscated or a fine of not less than 2,000 yuan but not more than 20,000 yuan will be imposed. If the circumstances are serious, both penalties may be imposed; (2) If the company name is changed without authorization, a warning will be given or a fine of not less than 1,000 yuan but not more than 10,000 yuan will be imposed, and a time limit shall be imposed. Handle changes in registration; (3) Anyone who transfers or leases his or her business name without authorization shall have his or her illegal gains confiscated and be fined not less than RMB 1,000 but not more than RMB 10,000.