The relationship between trade name and trademark is very close, often appear together in the same commodity above, firms can become a part of a trademark or the same content in some cases, but sometimes not.There are some differences in the function and nature of trade names and trademarks, mainly in the following aspects:
1.Trademark is mainly used to distinguish goods, and the reputation of goods must be related to certain commodities which are attached to them, and the trademark rights belong to intellectual property rights;The firm is mainly used to respectively enterprises, on behalf of the credibility of manufacturers, must contact the commodity producers or operators of mutual existence, the right of trade name is the right of name, so the right of trade name and personal identity or more closely.
2.Trademarks are entitled to be registered and used in accordance with the trademark law. The right of exclusive use is valid throughout the country and has legal timeliness;The business name should be registered according to the company law or the regulations on the registration of enterprises, and it also has the right of exclusive use. The right of exclusive use is valid within the jurisdiction of the registered industrial and commercial administrative authority, and is jointly destroyed with the enterprise.
3.China's trademark right has special trademark law protection; and the trade name right is the protection method of the enterprise name right protection in the general principles of the civil law.
4.When a commodity containing registered trademarks is sold to another country with a registered trademark of a company, it is necessary for the seller to register the trademark in another country, but it is not necessary to register the name of the firm;When some companies put their names registered as trademarks, or registered trademark registration for the enterprise names, trademarks and trade names have become the same content or is a part of the. These are permitted by the company law, the trademark law, and the regulations on the administration of enterprise registration.