1. Definition of trade name and trademark trade name: that is, the name of the manufacturer, also known as trade name. It is the symbol of enterprise specialization and the embodiment of enterprise legal personality. Trademark: a sign used to distinguish one operator's brand or service from other operators' goods or services. 2. Similarities and differences between trade names and trademarks * * * Similarities: Intangible property: Trademark rights and trade name rights are intangible property, and their owners have the right to exclusive use, use and transfer. Enterprise-related: both of them are related to enterprises, which can distinguish the sources of products and services and ensure the quality to a certain extent! Tort liability: As the exclusive rights of commercial subjects, their tort liability is very similar, and both belong to the category of unfair competition. Scope of law: within the scope permitted by law, trade names and trademarks can be consistent. A firm may apply for trademark registration, and a trademark may apply for a firm. In addition, trademarks and commodity names can be the same. Difference: different functions: trademarks are mainly used to distinguish goods and represent the reputation of goods. They must exist in connection with a specific commodity to which they are attached, and trademarks belong to intellectual property rights; Trade names are mainly used to distinguish enterprises and represent the reputation of manufacturers, and must be associated with producers or operators of goods. The right of trade name has the right of name, so the right of trade name is more closely related to the person or identity. Different structures: trade names are mainly composed of Chinese characters, while there are many kinds of trademarks, such as graphics, characters, numbers, letters, pinyin and so on. Different laws: trademarks are registered and used in accordance with the provisions of the trademark law and have exclusive rights. Enterprise names registered in accordance with the Company Law or the Regulations on the Administration of Enterprise Registration also have exclusive rights, which are different in different regions: after the successful registration of a trademark, its exclusive rights are valid nationwide and have statutory limitations. After the successful application, the exclusive right of the firm is valid within the jurisdiction registered by the administrative department for industry and commerce, and it will live and die with the enterprise. Article 4 of the Trademark Law of People's Republic of China (PRC), if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected. The provisions of this Law on commodity trademarks shall apply to service trademarks.