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What is the difference between an enterprise name and a trademark?

2017-10-25 11:17:06

    For most consumers: sometimes it is easy to confuse the concept of business name and trademark, both in the actual situation is completely different. Of course, the two are used in the production and operation of the different signs, are given by the law of the exclusive right to ensure the quality of goods and services, protect the interests of consumers and maintain the credibility of enterprises. The fundamental difference between them lies is that:

    1.The basis for registration is different

   Registered trademarks are registered in accordance with the provisions of the Trademark Law, and the name of the enterprise is based on the Sino-foreign joint venture law, Sino-foreign cooperative enterprise law, partnership law, company law, foreign investment enterprise law, individual proprietorship enterprise law, enterprise name registration management Regulations and other laws and administrative regulations to register.

    2.Different ways of getting it

    In our country for the voluntary registration and trademark implement mandatory registration and the principle of combining the practice, in addition to the use of registered trademarks must be in accordance with the specific provisions of the goods, general merchandise must take the principle of voluntary registration of trademarks, registration is the exclusive right, but not registered can still be used, but not exclusive right, and the name of the name of the enterprise without approval and registration are not allowed to use, or not shall enjoy the right of name mean.

    3.The rights feature and content are different

    Trademark right is only the property right, without personal character, and the right of name is the right of both personal right and property right. Therefore, the right of enterprise name is not allowed to be transferred or permitted to be used by others in general.

Precious:[The characteristics of intellectual property rights and the basic principles of international protection]

Next:[What are the considerations for applying for the transfer of a trademark?]

 

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