According to Mande Enterprise Services, both trademarks and corporate names are commercial signs. The former is used to distinguish goods or services from different sources, and the latter is used to distinguish different market entities. Since the company name is not registered jointly with the trademark, and there are no publicity and objection procedures during the rights confirmation process, there are many cases where the company name is identical or similar to a previously registered trademark. For such conflicts of rights, the principle is to protect the previously registered trademark rights.
To put it figuratively, a company name is a string of "connotative" characters composed of text, while a trademark is a "rich" picture composed of graphics, text, or a combination of text and graphics. A name is used to identify and distinguish, while a trademark is used more to identify and distinguish goods or services.
Furthermore, the company name must be registered at the place where the company is located. It is illegal to use the company name without registration. It is one of the conditions that companies must meet according to the law. A trademark is a symbol artificially attached to goods or services, and registration is voluntary. And from a legal perspective, there is no requirement that goods or services must use a trademark.
Secondly, a company is only allowed to use one name, but a company can register multiple trademarks. The company name can be changed, but once the trademark is registered, it cannot be changed. The term “change of registered trademark” in the Implementing Rules of the Trademark Law refers to the change of registered items, not the change of trademark graphics. After the company name is registered, it will be valid for life as long as the company does not propose a change. A trademark is only valid for ten years after registration. If you need to continue to use it after the validity period expires, you should apply for renewal registration, otherwise it will be cancelled.
Finally, the company name is listed as a personal right by the "General Principles of the People's Republic of China and Civil Law" and as industrial property and intellectual property rights by the World Intellectual Property Organization. Therefore, the rights attribute of a business name has duality. The most important thing is the attribute of personal rights. Personal rights accompany life throughout life. They are naturally acquired from the date of establishment of the enterprise and are extinguished when the enterprise is terminated. Trademarks are listed as intellectual property rights in the "General Principles of the People's Republic of China and Civil Law" and are also listed as industrial property rights and intellectual property rights by the World Intellectual Property Organization. There is only one right attribute of a trademark, namely "property rights". Property rights do not always accompany life, nor are they acquired naturally. Trademark owners can license others to use their registered trademarks. Enterprise names are not allowed to be leased or leased.
These relevant regulations all reflect the difference between corporate names and trademarks. The materials and cycles required for company registration and trademark registration are also very different. It is exaggerated to say that the materials are even so complicated that some entrepreneurs give up on starting a business. After investing a lot of energy, they may not be able to complete it. Many entrepreneurs will hand over these contents to agencies and choose to devote more energy to business operations.
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