What is the difference between a registered company name and a registered trademark?

The company name is not the same as the trade name.

There are many similarities between enterprise names and registered trademarks in legal protection, both of which are distinguishing signs used in production and business activities, and both are used by law to ensure the quality of goods and services, maintain corporate reputation, and protect the interests of consumers through the method of exclusive right granted by law, and in some cases, the two are combined into one, such as the famous "Lenovo" and "Haier", which are not only trademarks, but also the core of enterprise names - trade name. However, we should not confuse a trademark with a business name, after all, the two are two different concepts, and the main differences are:

First, the basis for registration is different. Registered trademarks are registered in accordance with the provisions of the Trademark Law, while enterprise names are registered in accordance with laws and administrative regulations such as the Company Law, the Law on Foreign-Invested Enterprises, the Law on Sino-Foreign Joint Ventures, the Law on Sino-Foreign Cooperative Joint Ventures, the Law on Partnership Enterprises, the Law on Sole Proprietorship Enterprises, and the Regulations on the Administration of Enterprise Name Registration.

Second, the way of obtaining it is different. In China, the principle of combining voluntary registration and compulsory registration is implemented for trademarks, and the practice is that in addition to the provisions of certain specific goods must use registered trademarks, the principle of voluntary registration is adopted for trademarks of general goods, that is, those registered enjoy the exclusive right, and the unregistered ones can still be used, but do not enjoy the exclusive right; As for the name of an enterprise, the name that has not been approved and registered is not allowed to be used, and it does not enjoy the right to the name.

Third, the characteristics and content of rights are different. Trademark rights are industrial property rights, which only have the characteristics of property rights and do not carry personal nature, while enterprise name rights are rights that have the characteristics of both personal rights and property rights. Therefore, the right to a business name is generally not allowed to be transferred or licensed to others.

The name of the company includes the name of the administrative division, the trade name, the characteristics of the industry or business, and the organizational form, and the name of the enterprise is a mark to distinguish the identity of the producer or operator, which can only be composed of words, and cannot highlight the part of the font name; A trademark is a mark used on a particular good or service.

The two are registered and protected under different laws and have different scope of protection. The enterprise name can be applied for registration with the local industrial and commercial department, and the trademark must be registered with the State Intellectual Property Office; The scope of protection of enterprise names is generally within the indicated administrative area, and the scope of protection of registered trademarks is nationwide.

What do registered trademarks and company names mean? The difference between a registered trademark and a company name.

There are five differences between a registered company and a registered trademark, namely: 1. Different ownership of trademarks; 2. Different ownership and domination. The registration of the name of the company is subject to the company's decision on the use of the trademark.

Individual registration authority is relatively concentrated, because individuals enjoy the exclusive right to use trademarks; 3. The proof of trademark use is different. There are many activities, products, and services of the company, and as long as one of them uses a trademark, it is a trademark use. It is more difficult for individuals to prove that they have used a trademark; 4. The stability is different; 5. The materials provided at the time of registration are different.

The applicant for trademark registration shall fill in the class of goods and the name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration. An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application. The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

Trademark Law of the People's Republic of China Article 7 The principle of good faith shall be followed in applying for registration and use of trademarks. The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark management, stop acts that deceive consumers.

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. Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others. The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Now there is a situation in China that many people who want to register a company think that registering a company name and a registered trademark is a concept, and this idea is wrong. Therefore, Shugao Accounting Services will analyze the difference between a registered company name and a registered trademark for you.

The competent authorities for registered trademarks and registered company names are different.

Trademark registration is reviewed by the State Trademark Office, while registered company names are reviewed by the Administration for Industry and Commerce. Lack of Huai answer.

Trade names (also known as: enterprise logo, manufacturer logo) mainly refer to the part of the business name used by operators engaged in production or business activities to indicate their business names when registering, and are the specific signs and names of factories, shops, companies, groups and other enterprises, and enjoy the exclusive right to use them in accordance with the law.

The name of the company is included in the name of the company. The role of a trade name in a business name is to highlight the uniqueness of the enterprise and distinguish it from other enterprises.

A trademark is a mark on a product or service. The function of a trademark is to distinguish a product or service by a certain external mark. It can be said that a trade name is the name of a business, while a trademark is the name of a product or service provided by a business.

The joint function of trade names and trademarks is to provide customers with identification marks, guide consumers' choices, expand their market advantages, and provide services for enterprise management and operation.

Trade names and trademarks are closely related and often appear together on the same goods, and in some cases they may be part of the trademark or the same content, but sometimes they are not. There is a difference between a trade name and a trademark in terms of function and nature, which is mainly manifested in:

1) The trademark is mainly used to distinguish the goods, represents the reputation of the goods, and must exist in connection with some specific goods to which it is attached, and the trademark rights belong to the intellectual property rights; The trade name is mainly used to distinguish the enterprise, representing the credibility of the manufacturer, and must be associated with the producer or operator of the commodity.

2) The trademark shall be registered and used in accordance with the provisions of the Trademark Law, and shall have the exclusive right to use the trademark. Its exclusive right is valid nationwide and has a statutory timeliness; The firm name is registered in accordance with the Company Law or Fu Hui's Regulations on the Administration of Enterprise Registration, and also has the exclusive right. The exclusive right to use it is valid within the jurisdiction of the registered industrial and commercial administrative authority, and it is born and extinguished with the enterprise.

3) In China, trademark rights are protected by a special trademark law; However, the trade name right is only protected by reference to the protection method of the enterprise name right in accordance with the General Principles of the Civil Law.

4) When goods bearing the mark of a company's trade name and containing a registered trademark are sold to another country, it is necessary for the seller to register the trademark in another country, but it is not necessary to re-register the trade name.

When some enterprises use their own trade name as a registered trademark, or change the registered trademark to register as an enterprise trade name, the trademark and the trade name become the same content or an integral part of it. This is permitted by the Trademark Law, the Company Law and the Regulations on the Administration of Enterprise Registration.

1. The time of the request is not the same, and it is now very simple to register a company, and the state has carried out a series of reform measures for the registration of enterprises, and now the registration of the company only takes a few working days to complete, but the trademark request is not so fast. The application for a pre-burn trademark has to go through some rigorous review, and the trademark name is not said to be able to go through, and the Trademark Office submits it first and then goes through a review period of up to 6-8 months, which is generally about one and a half years. 2. The requesting organization is different from the registered company's request to the Industrial and Commercial Bureau, while the trademark request is completed by the Trademark Administration.

Although the two parts are served by the Administration for Industry and Commerce, the two parts are independent, and the system is completely different. 3. The use of different scenarios is that enterprises are mainly used for external operations, which can issue invoices and collect payments, while trademarks are mainly a sign to distinguish goods or services, and are used to distinguish different products or services. 4. The probability of requesting the process is not the same, and the registered name of the company can ensure a 100% passing rate, which is due to the fact that the company registration must first review the title, and the title can only be processed after the registration.

However, the trademark can not be guaranteed 100% after the false rate, which depends on the enterprise's own understanding of the trademark search system, and the results of the trademark search must be professionally evaluated, if there is no evaluation in place, the company's trademark may be rejected after a few months. After a refusal, the Trademark Office pays the fee and cannot replace it with another title.

The difference between a self-employed registered trademark and a company's registered trademark:

1. The required information is different:

Information to be submitted for individual registered trademark: self-employed business license, copy of ID card.

Information to be submitted for the company's registered trademark: the company's business license.

2. The scope of the declaration is different

Scope of declaration of individual registered trademarks: The declared trademark can only be declared within the business scope of the business license of self-employed individuals or on the projects they are engaged in.

Scope of declaration of the company's registered trademark: The goods or services designated by the declared trademark are not limited by the scope of business.

3. The way of trademark change is different:

Change of personal registered trademark: The registered address of the trademark registered by the individual is generally on the ID card of the person accompanying the erector, and the ID card information will generally not change, unless there are special circumstances, so the personal registration of the trademark is relatively stable and stable, and there will be few changes.

4. The ownership rights of the two are different.

Trademarks registered by individuals: Owned by individuals.

Registered trademarks of the company: owned by the company.

As far as the question is concerned.

Registered trademark; It refers to a company that already has and is operating normally, and needs to register a trademark for its own services or products; This is filed with the National Trademark Office.

Registering a company; It is necessary to set up a company to operate related businesses; This was submitted to the local industrial and commercial department of Shiliangmu, now called the Market Supervision and Administration Bureau.

1.The company is the identity with which you do business. The common ones are self-employed and limited liability companies.

Self-employed is a kind of company, and the individual bears unlimited liability (for example, if you develop a certain drink and drink someone to death, even if your house and car are paid), once the company goes bankrupt, it also means personal bankruptcy (nothing), so the self-employed are suitable for some industries with little risk, and in foreign countries are generally consulting, consultants and the like, and then buy a business insurance is basically OK. A limited liability company is another type of company, which is recognized by law as a "person" and is therefore called a legal person. At the legal level, it is the same as a natural person, and the owner of the company is called the legal representative, so if there is an accident or poor management, as long as the company loses to 0 assets, it can be declared bankrupt, and as a legal representative, you do not have to offset your private property.

Therefore, high-risk industries such as processing are limited liability companies. The limited liability company greatly reduces the risk of businessmen engaging in business, so the emergence of the company has greatly promoted business progress. According to other natures, there are joint-stock companies, joint ventures, sole proprietorships, foreign capital, foreign partnerships, and I don't know how to translate in China.

2.Trademark. To put it simply, it is to put it on your product, and everyone will know it at a glance, such as Nike's checkmark.

Similar to property protection, you want to make sure that other shoe factories can't put the same ticks on their shoes as I did. Therefore, it is necessary to register as a child. China stipulates that trademarks can only be owned by self-employed companies, and natural persons cannot be registered.

3.Branding, which belongs to the content of marketing. To put it simply, it is to make consumers identify or trust.

For example, as soon as you hear about the Apple mobile phone, you will know that it is high-end, and when you hear about the Nokia mobile phone, you will know that it is strong. In fact, there is not necessarily a difference in the quality of a piece of clothing, but if you hang the Armani brand or the brand of Jeanswest, you can make a hundred times difference, which is the power of the brand.

To put it simply, the company is the code name for your external business, and it is also a layer of mechanism to protect you. The trademark is an asset owned by the company, and how big it can be depends on your operation of the brand.

Finally, to give a few simple examples, Unilever is a Dutch company, and the following brands are all his: Vaseline, Dove, Qingyang, Pon's, Charleslyn, Lotton, Zhonghua (toothpaste). One of his competitors, Procter & Gamble, owns the following brands:

Beauty, Gillette, Sassoon, Head & Shoulders, Carmel, SKII, Skincare, Icalu, Care, Crest, Oral-B, Tide, Blue Wave and many more. Cosmetics are even more exaggerated, there are dozens of common brands, and there are actually no more than five companies in total.

The difference is that the scope of use is not the same, and when registering, the process is also different, the name is mainly to prove a name of the company, but the name of the company is a trademark, and the words are a pattern, which represents the company's business scope, and the specific content is different.