Trade name, also known as commercial name, is the name used by commercial subjects when they engage in commercial activities, that is, when commercial subjects act as legal acts in commercial transactions, they use it to sign their names or let their agents use it to conduct business dealings with others. As a representative symbol of commercial subjects, trade names can not only distinguish different commercial subjects, reduce and avoid confusion in transactions, but also play an important role in maintaining fair competition.

Characteristics of commodity names

1. Trade name is the name of the business entity. Trade name is a symbol to distinguish different commercial subjects. Generally speaking, different commercial entities should use different trade names in the same business in the same area. Trade names are different from trademarks, which only distinguish products or services within a certain range. The legal protection of a firm is limited to its name, but not its products. However, trade names are also related to trademarks. Some firms are used as trademarks because of their long history and wide influence. For example, Zhang X full scissors factory uses Zhang X full as the trademark of scissors. Some trademarks are used as trade names because of their high popularity, such as Coca-Cola.

2. Trade name is the name used by commercial subjects in commercial transactions. Trade name is a symbol used by commercial subjects to distinguish them from other commercial subjects in business, and its purpose is to avoid subject confusion and business confusion in the transaction process.

3. Trade name and commercial subject are inseparable. It is impossible for a company to exist independently without the subject it marks.

The difference between trade name and trademark

1, different functions and functions

First of all, trade names are used to distinguish different enterprises, while trademarks are used to distinguish different commodities. Generally speaking, a company and enterprise can only have one trade name, but for trademarks, they can be registered according to different commodities. Under certain circumstances, trade names can sometimes be used as trademarks, and trademarks are not allowed to some extent.

2. Different expressions

According to the Regulations on the Administration of Enterprise Name Registration, a business name can only be composed of two or more men, while according to the provisions of China's Trademark Law, a trademark can be combined with numbers, figures, pinyin, colors and English letters. It can also be seen that there are great differences in the forms of expression between the two.

3. The application scope and effect are different.

China's regulations on trademark rights are that once a trademark is registered, it will be valid nationwide, and the service life of the trademark right is also stipulated to be valid for ten years, which can be renewed at the expiration; Trade name right has certain geographical restrictions. First, it must be used in a certain area after being approved by the State Administration for Industry and Commerce. However, there is no restriction on the use period of the firm, that is, once approved, it can be used for life.

legal ground

Provisions on the administration of enterprise name registration

Article 3 stipulates that an enterprise name can only be used after it has been approved and registered, and it enjoys the exclusive right within the prescribed scope.

Article 26 also stipulates that those who engage in production and business activities with enterprise names that have not been approved and registered will be punished accordingly. Therefore, for domestic parties, only when the registration date of the trade name is earlier than the application date of the trademark can the parties be qualified to claim their prior trade name right.