Can the same name of the enterprise name and trademark be abbreviated or used?

In economic life, some people often confuse the core part of a company's name - the trade name and the trademark, but in fact, the company name and the trademark are not the same. The main differences are: First, the legal basis for registration is different.

Trademarks are registered in accordance with the provisions of the Trademark Law, while enterprise names are registered in accordance with the Company Law, the Law on Foreign-Invested Enterprises, the Law on Sino-Foreign Joint Ventures and other laws and administrative regulations. Second, the way of obtaining it is different. In China, the principle of voluntary registration is adopted for trademarks of general goods, that is, registered trademarks enjoy the exclusive right, and unregistered trademarks 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 can be used by oneself or licensed to others, but enterprise name rights are generally not allowed to be transferred or licensed to others. It should be noted that some enterprises register other people's Chinese trademarks as part of the enterprise name, which is not expressly prohibited by Chinese law at present, but if the words that are identical or similar to the registered trademarks of others are prominently used as the trade name of the enterprise on the same or similar goods, it is easy to mislead the relevant public, and it still constitutes trademark infringement.

Legal basis: Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases is an act that causes other damage to the exclusive right to use a registered trademark of another person as provided for in Article 52(5) of the Trademark Law: (1) The use of words identical or similar to the registered trademark of another person as the trade name of the enterprise on the same or similar goods is likely to mislead the relevant public.

Generally speaking, an enterprise trade name is the same as a registered trademark, but if the enterprise trade name is prominently used and the registered trademark is well-known in China, there may be uncertain rights or infringement, and the trade name may be revoked.

Trademarks and brands are generally not business names because they have different definitions and functions in law.

A trademark is a kind of identification used to identify and distinguish goods or services**, which can be words, graphics, symbols, colors, sounds, etc. The main function of a trademark is to protect the brand image of goods or services and prevent others from using similar marks on the same or similar goods or services to cause confusion.

Brand is the specific image, reputation and values created by an enterprise in the market, and it is the cognitive and emotional connection of consumers to the company's products or services. The brand includes the comprehensive embodiment of the company's name, logo, slogan, product quality, service, etc.

A business name is the official registered name used for legal and administrative purposes when a business is registered, also known as a company name, business name, or trade name. A business name is a name used to legally identify and identify a business, and it must comply with relevant laws and regulations when registering the business to ensure legitimacy and independence.

Although trademarks and brands play an important role in rental marketing, they are not the same as business names. Enterprise trade names are usually registered in the commercial registration system of the relevant departments for legal and administrative purposes, while trademarks and brands are more involved in the field of marketing and brand management.

Article 3 of the Provisions on the Administration of Enterprise Name Registration shall be approved by the competent authority for the registration of the enterprise name when the enterprise applies for registration. The enterprise name can only be used after approval and registration, and it enjoys the exclusive right within the prescribed scope. Article 26 of the "Provisions on the Administration of Enterprise Name Registration" The following acts in violation of these provisions shall be punished by the competent registration authority according to the circumstances:

1) Where an enterprise name that has not been approved and registered is used to engage in production or business activities, it shall be ordered to stop business activities, and the illegal gains shall be confiscated or a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed, and if the circumstances are serious, it may be imposed concurrently; (2) If Bu Xinnai changes the name of the enterprise without authorization, he shall be given a warning or fined not less than 1,000 yuan but not more than 10,000 yuan, and shall change the registration within a time limit; (3) Transferring or leasing one's own enterprise name without authorization shall have the illegal gains confiscated and a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed.

1. Different from the perspective of function: trademarks are mainly used to distinguish the name of goods, and must be associated with some specific products to which they belong. The business name is mainly used to distinguish the enterprise, represents the reputation of the manufacturer, and must be related to the producer or operator of the goods, while the trade name belongs to the name right, so the trade name right is more close.

Relating to a person or identity.

2. Different in time: the protection of trademark rights has a statutory time limit. Article 37 of China's Trademark Law stipulates that "a registered trademark shall be valid for ten years". There is no statutory expiration date for trade names, which are the same as for businesses.

3. Different from a regional perspective: the geographical validity of trademark rights extends throughout the country or other regions, and except for state-owned enterprises, the exclusive rights of trade names are generally only valid within the jurisdiction of the registration authority.

From the point of view of legal protection, there is a special "trademark law" for trademarks in China. The registration and use of trademarks is carried out in accordance with the provisions of the Trademark Act. Trademark rights are protected by trademark law.

The registration and use of a company is mainly carried out in accordance with the "Company Law" or the "Regulations on the Administration of Enterprise Registration". The protection of trademark name rights is only protected, and is not protected by the protection of enterprise name rights under the General Principles of Civil Law.

The difference between a trademark and a business name is mainly reflected in the following aspects:

1. The concept is different

In a legal sense, trademark and trade name are two completely different concepts, and a trademark is a sign used by a business operator on goods or services, with distinctive characteristics, and used to distinguish goods and services. A font size is a mark used by a company to identify itself, usually composed of Chinese characters. There are significant differences.

2. The constituent elements are different

The name of the enterprise is composed of administrative division, trade name, industry characteristics and organizational form, which is determined at the beginning of the establishment of the enterprise; A trademark is a sign that distinguishes different goods**, and is composed of words, graphics, letters, numbers or a combination of graphics.

3. The scope of special use is different

Trade name is the most important component of the enterprise name, which is protected by region and has exclusivity in the same registration area, and the same trade name cannot be registered even if it is cross-industry; Trademarks are distinguishing marks of goods and services, and the exclusive right to use a registered trademark is protected by class (well-known trademark exception), which is exclusive throughout the country in the registered class, and the same words and graphics are only allowed to be registered if they cross classes.

4. The approval authorities are different

The enterprise name is approved by the administrative organs for industry and commerce at all levels, and the market access license is issued to the enterprise, and the scope of legal protection is limited to the place of registration. The trademark is approved by the Trademark Office of the State Administration for Industry and Commerce, which is the embodiment of the core value of the enterprise brand, is protected by law nationwide, and has the uniqueness of the same industry in the country.

5. The duration of the deposit is different

From the perspective of duration, the trade name and the enterprise coexist, while the validity period of the trademark is ten years, and the enterprise needs to renew it in time after expiration.

1. The functions of the two are different.

Service marks only distinguish between different service sources, while enterprise names can identify the operations of different enterprises, including services and goods; An enterprise can have multiple trademarks for services or goods, but there is generally only one business name.

2. The applicable law is different.

The laws governing enterprise names vary greatly from country to country, and trademarks are regulated by the Trademark Law and the Anti-Unfair Competition Law.

3. The constituent elements of the two are different.

The name of an enterprise is generally composed of the name of the administrative division, the trade name, the characteristics of the industry or business, and the organizational form; A trademark can only consist of a distinctive part that distinguishes it from the services provided by others.

4. The legal procedures applicable to the two are different.

As long as the service mark does not violate the terms prohibited by the Trademark Law and does not infringe on the exclusive right to use the trademark of others, it can be used without registration, but it does not have the exclusive right; The enterprise name must be approved and registered by the competent authority designated by the state before it can be used.

5. The scope of exclusive right of the two is different.

Once the service trademark is approved for registration, it enjoys the exclusive right to use it throughout the country; The business name has the exclusive right to use it only in the specified area.

6. The two manifestations are different and hidden.

The expression of a service mark is a word, a figure and a combination thereof; The name of the business can only be indicated in words.

7. The trademark can be transferred or licensed to others, and the enterprise name shall not be transferred separately or allowed to be used by others.

can be separated. It can also be consistent. There is a difference between a trademark name and a company name, and the company name is the name of the company registered with the Industrial and Commercial Bureau, engaged in civil activities, assumed obligations, and enjoyed rights.

Registered trademark, protected by law. If it is necessary to be sensitive, it must be approved by the State Trademark Office, and the announcement is protected by law. Both companies and individuals can register trademarks.

Legal analysis: The differences between trade names (enterprise names) and trademarks are as follows: 1. Different functions and functions.

The firm name Qi Xianmo is used to distinguish different enterprises, while the Shang Jinxian mark is used to distinguish different goods. Second, the form of expression is different. 3. The scope and effect of use are different.

Legal basis: Provisions on the Administration of Enterprise Name Registration Article 7 The name of the administrative division in the name of the enterprise shall be the name of the local administrative division at or above the county level where the enterprise is located. When the name of a municipal district is used in the name of an enterprise, it shall be crowned with the name of the administrative division of the city divided into districts to which it belongs.

When the names of development zones, reclamation areas and other areas are used in the name of an enterprise, they shall be used in conjunction with the names of administrative divisions, and shall not be used separately.