The relationship between a trademark and a business license, what is the difference between a tradem

A trademark has nothing to do with a business license. One of the two is a sign to distinguish it from other enterprises or goods, and the other is a certificate of legal operation.

Legal basis] Article 3 of the Trademark Law, a trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark, and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

A trademark is the identification of a product and a brand, and the business license is the company needs to handle it in the process of operation, if it is not handled, it is an unlicensed operation, a company can not have a trademark, but can not do without a business license.

Legal analysisLost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal basisTrademark Law of the People's Republic of China Article 25 Where an applicant for trademark registration files an application for trademark registration in China for the same goods within six months from the date of the first application for trademark registration in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which he or she is a party, or in accordance with the principle of mutual recognition of priority. If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; If a written statement is not made or a copy of the trademark registration application is not submitted within the time limit, it shall be deemed that no priority is claimed.

Legal Analysis: A business license is a license issued by the Administration for Industry and Commerce to some businesses and self-employed persons. Trademark registration refers to the exclusive right of an individual, legal person or organization to obtain the exclusive right of a trademark by submitting an application to the State Trademark Office in the course of business.

Legal basis: Company Law of the People's Republic of China

Article 6 To establish a company, it shall apply to the company registration authority for the registration of Qiliang in accordance with the law. If the establishment conditions stipulated in this law are met, they shall be registered by the company registration authority as a limited liability public offering company or a share****; If it does not meet the establishment conditions stipulated in this law, it shall not be registered as a limited liability company or a share****.

Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.

The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.

Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of the company's business license is the date of incorporation of the company.

The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.

There is no necessary connection between a trademark and a business license, a trademark is a sign to distinguish it from other enterprises or goods, and a business license is a certificate of legal operation.

Trademark Law of the People's Republic of China

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above-mentioned elements, may be applied for registration as a trademark.

Regulations of the People's Republic of China on the Administration of Company Registration

Article 2 The establishment, alteration and termination of a limited liability company and a shareholding company (hereinafter referred to as the company) shall be registered in accordance with these Regulations.

To apply for company registration, the applicant shall be responsible for the authenticity of the application documents and materials.

Article 3 The company shall be registered with the company registration authority in accordance with the law and obtain the "Business License of Enterprise Legal Person" before obtaining the qualification of enterprise legal person.

A company established from the date of implementation of these Regulations shall not engage in business activities in the name of the company without registration with the company registration authority.

Business license: It is under the management of the local industrial and commercial bureau, and the approval represents the right to operate locally, not the protection of the name, and the company license can still be registered with the same name across regions and provinces.

Trademark: It is under the management of the China Intellectual Property Office, that is, it is a brand, protected by the whole country, and has a unique monopoly name.

Difference: Different national departments manage, after the trademark is approved and registered, it represents the national exclusive right of the name. In the same industry, enterprises across the country are not allowed to use the name (regardless of whether your company license is called this name, without the authorization of the trademark holder, unauthorized use is infringement, facing lawsuits, compensation and other issues).

The business license is the proof that you must obtain to engage in business activities, otherwise you cannot engage in business activities.

A trademark is a distinctive sign that indicates that a good or service is produced or provided by a specific person or enterprise.

Enterprises must register the business license of the enterprise, even if it is an individual, they must have an individual business license to register the trademark, otherwise it will not work.

It is troublesome to confirm that the application is made in the name of the business license of the individual industrial and commercial household, and it is necessary to use the license and official seal to transfer it before canceling.

However, if the application is made in the name of an individual, only the business license of the individual industrial and commercial household is provided as proof of business.

There is no need to worry, the trademark rights belong to the individual, not to the business license of the individual industrial and commercial household.

A trademark is a sign that distinguishes goods (or services)**, which can be text, graphics, sound, or a combination of words and graphics. Trademarks can be legally divided into registered trademarks and unregistered trademarks. Except for human medicines and tobacco products, which require the use of registered trademarks, you may or may not use trademarks for other goods or services.

The business license is necessary for all operators, whether you are self-employed, sole proprietorship, partnership or company, you must be registered, and only after obtaining the business license can you become a legal business entity, otherwise it is an unlicensed operation and will be investigated and punished.

According to the current trademark law, if you are not a business entity and do not have a business license, you basically cannot apply for trademark registration. A trademark is a piece of intellectual property that is equivalent to something you own. You can license it to others, or you can transfer it for sale.

And if you apply for a business license, it is equivalent to a market operator, which is a kind of identity right and cannot be transferred.

Legal analysis: It has nothing to do with the bending, the trademark is a sign to distinguish it from other enterprises or commodities, and the business license is a certificate of legal operation.

Legal basis: According to Article 3 of the Trademark Law, trademarks approved and registered by the Trademark Office are registered in the chain book, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Trademarks are regulated by the Trademark Law, and business license enterprise names are regulated by the Provisions on the Administration of Enterprise Name Registration, and the protection of the two is parallel. Therefore, after the service mark is registered, the same enterprise name that has been used by other enterprises in the same industry can still continue to be used. At the same time, after the service trademark is registered, the same words can also be used by the enterprise after being approved and registered as the trade name in the enterprise name with the approval of the industrial and commercial department.

The exclusive right to use a trademark and a business name are two different rights, which are regulated by different laws and regulations. Therefore, even if the trade name in the name is the same as the trademark of another person, the name of an enterprise approved and registered by the industrial and commercial department will not constitute trademark infringement. Because, for the act of registering an enterprise name, the act of registration is not an act of using a trademark as stipulated in the Trademark Law, so the act itself does not constitute an infringement of the right to use the registered trademark exclusively for the world.

However, if the trademark of another person is a well-known trademark, or the irregular use of the same trade name as the registered trademark of another person in the enterprise name, causing confusion among consumers about the goods or services, the use in this case will be suspected of constructing a spine and burying the trademark infringement or unfair competition. A trademark is the identification of a product and a brand, and the business license is the company needs to be handled in the process of operation, if there is no Yingjian to handle it, it is an unlicensed operation, a company can not have a trademark, but can not be without a business license. Article 25 of the Trademark Law Where an applicant for trademark registration files an application for trademark registration in China for the same goods with the same trademark within six months from the date of the first application for trademark registration in a foreign country, the applicant may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which he is a party, or in accordance with the principle of mutual recognition of the right of priority.

If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; If a written statement is not made or a copy of the trademark registration application is not submitted within the time limit, it shall be deemed that no priority is claimed.

Legal analysis: No, one of the two is a sign to distinguish it from other enterprises or goods, and the other is a certificate of legal operation.

Legal basis: Article 3 of the Trademark Law of the People's Republic of China A trademark approved and registered by the Trademark Office is a registered trademark, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. The term "collective trademark" as used in this Law refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise and defend certain goods or services, and is used by units or individuals other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.