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The difference between a trade name and a trademark

2018-04-01 19:12:29

The difference between a trade name and a trademark

The main differences between trade names and trademarks are:
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1, the name of the product has the popularity, for the public, everyone can use; And trademark has specificity and exclusivity. (2) The generic name of the commodity is used to distinguish different kinds of goods, and the specific name of the commodity is used to distinguish the same kind of goods (specific goods, specific things); Although trademarks are also used to distinguish goods, they are mainly used to distinguish producers and sellers of different goods. 3, the common name of the goods is not significant, can not be registered as a trademark, because it not only can not distinguish the different producers or sellers of goods, but also will belong to the public use of the name into a specific person exclusive, resulting in undue monopoly; As long as the specific names of goods do not violate the provisions of Article 11 of the Trademark Law, most of them can be registered as trademarks, such as: 21 Jinweta, Maotai wine, Liangneedle toothpaste, etc., they are both specific names of goods and registered trademarks of goods.

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4, the name of the product is naturally generated, without any procedures; 5, registered trademarks must be approved by the application to become registered trademarks. Commodity names are generally not protected by law, and only well-known commodity names can be protected by the Anti-Unfair Competition Law. It should be noted that if the owner of the trademark uses the trademark improperly and protects the trademark improperly, especially the well-known trademark, it is possible that the trademark will gradually naturally transform into a household name, the trademark will lose its significance, and the trademark owner will lose the exclusive monopoly right to the mark. For example: aspirin, nylon, etc., have similar experiences.

What's the difference between trademarks and patents
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1. Different objects: the content of patent protection technology, including invention, use of new types and designs. Trademarks protect trademarks themselves, graphics, words, combinations of them, or three-dimensional trademarks. 2. Different terms: the patent protection period is limited, 20 years for inventions, 10 years for new types and designs, and cannot be renewed when it expires. The trademark is protected for 10 years, but it can be renewed when it expires, so as long as it is renewed every 10 years, it can have exclusive use of the trademark indefinitely. 3. The application procedure is different: the patent should be applied to the Patent Office of the State Intellectual Property Office, and after preliminary examination (new type and appearance) and substantive examination (invention), the patent right is finally granted. The trademark application to the Trademark Office of the State Administration for Industry and Commerce shall be approved for registration after preliminary examination and announcement of no objection. 4. Different content of protection: Patent protection shall not manufacture, use, promise to sell, sell and import products identical or similar to the patent. Trademark protection The same trademark shall not be registered on the same kind of goods, and if the protected trademark is a well-known trademark, others can not mark a well-known trademark even if it is a different kind of goods.

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The relationship between trade name and trademark is very close, often appear together on the same goods, trade name in some cases can become a part of the trademark or the same content, but sometimes not. Trade name and trademark are different in function and nature, mainly as follows: (1) trademark is mainly used to distinguish commodities, representing the reputation of commodities, must exist with some specific commodities to which it is attached, trademark rights belong to intellectual property rights; Trade name is mainly used to distinguish enterprises, representing the credibility of business, must exist with the producer or operator of goods, trade name rights belong to name rights, so trade name rights and personal or identity more closely. (2) Trademarks shall be registered and used in accordance with the provisions of the Trademark Law and shall have the exclusive right. Its exclusive right is valid within the scope and has statutory timeliness; A firm registered in accordance with the Law or the Regulations on Enterprise Registration also has the right to exclusive use. Its exclusive right shall be valid within the geographical scope under the jurisdiction of the registered administrative authority for industry and commerce, and shall live and die together with the enterprise. (3) In China, the trademark rights have the special protection of the trademark law; The right of trade name is only protected according to the method of protecting the right of enterprise name according to the general rules of civil law. (4) When goods bearing the mark of a trade name containing a registered trademark are sold in another country, it is necessary for the seller to register his trademark in the other country, but it is not necessary to register his trade name again.

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