Can a trade name be registered like any other company name?

There are two main concepts involved here: trademark rights and trade name rights. Trademark right is the abbreviation of the exclusive right to use a trademark, which refers to the exclusive right granted by the trademark authority to the trademark owner to protect its registered trademark under national law in accordance with the law.

Trademark registration is mainly supervised by the Trademark Office of the State Administration for Industry and Commerce, and the existence of duplicate names or other confusing trademarks is not allowed in the same or similar industries nationwide. The trade name right refers to the exclusive right to use the business name that a commercial entity enjoys in accordance with the law. The owner of the right to a trade name may use his or her trade name in accordance with the law, and has the right to prohibit others from repeatedly registering or fraudulently using or misappropriating his trade name without authorization, and has the right to file a lawsuit for compensation for the infringement of his trade name rights.

The registration of business names is mainly supervised by the local industrial and commercial bureaus, and this system has considerable limitations. Therefore, others can also register a company with the same name as yours. At present, the industrial and commercial bureau can only check whether there are duplicate names in the jurisdiction, which is usually called the company's name, but will not compare this information with the registered trademark.

Domain Name Rights. Domain name rights are the various rights enjoyed by the domain name owner for the domain name, which is a kind of intellectual property rights, and the right holder has the right to use, benefit and exclude the interference of others. A domain name, also known as **, is a digital address connected to a computer on the Internet, representing the identity of the applicant for network access, and is a method used in the Internet to solve the problem of address correspondence.

Hello, you can apply for registration, as long as it is not a well-known trademark, there is no same or similar one, I hope to help you.

It does not affect, as long as it is not similar to other people's trademarks.

With the continuous development of social economy, in real life, we will encounter a variety of situations, especially when registering a trademark, can the name of the trademark be the same as the name of the company? In fact, we need to know that the name of the company and the name of the trademark are not the same thing, but when we register, we can go and make the name of the company and the name of the trademark the same.

First of all, we have to understand such a problem, that is, now many friends in China for the registration of the company, think that the name of the registered company and the name of the registered trademark is a concept, then this idea is very wrong, we must know that the registered trademark and the name of the registered company are not the same as the two competent authorities, the trademark registration is reviewed by the State Trademark Office, and the registered trademark company name is reviewed by the Administration for Industry and Commerce, but when we register, It can be registered directly, but in the process, we need to prepare the relevant procedures and certificates.

In addition, we also need to know that when we are registering, we must also look at whether our trademark registration complies with the corresponding national laws and regulations, whether our trademark is illegal, if our trademark is infringing or illegal, then it is very likely that our personal losses are also very serious, so in real life, these things are what we have to learn to avoid, but also learn to understand, but when we register, Our trademark can actually match our business name.

To sum up, we can obviously know that in fact, the name and trademark of our enterprise can be the same, but we must pay attention to some relevant precautions when registering, and we must know that the registration of enterprise trademark and the registration of enterprise company name are controlled by two different institutions.

OK. But this still requires a lot of conditions, and many companies do this, and it is also better for brand promotion.

Of course, you can, these two names can be the same, but for privacy, the average company will not be the same as the trademark name.

Yes, there is no hard and fast rule for this, and the brand name can be the same as the company name, but generally people don't do that.

The name of the trademark can be the same as the name of the company, and the trademark application is submitted to the Trademark Office for processing, and the company name application is submitted to the Industrial and Commercial Bureau for processing. Usually, the trademark and the company name are not the same, but in special cases, there are a few people who will register the trademark name as a company name.

Due to the hierarchical registration system of enterprise names in China, the industrial and commercial departments at or above the county level have the power to approve and register enterprise names, but they have not established a national networked search system, and are limited by the combination of Chinese characters, resulting in the fact that the same or similar enterprise names are often registered in different administrative divisions in practice, causing conflicts. In a lawsuit arising from a conflict of enterprise names, since the enterprise names of both parties have been legally registered and have legal sources, only on the basis of the principle of good faith can it be determined whether there is an unfair competition and whether the enterprise name has been infringed by judging whether the parties subjectively have the intention of deliberately confusing or free-riding, and whether objectively it is likely to cause the public to misunderstand. Where another person's registered enterprise name is used without authorization or there is other conduct that infringes upon the use of another person's enterprise name, the infringed person may request disposition from the competent registration authority for the place where the infringer is located.

The competent registration authority shall order the intruder to cease the invade, compensate the intruded person for the losses suffered by the invading person, confiscate the illegal gains, and may impose a fine. Where the name of another person's enterprise is infringed, the victim may also directly file a lawsuit with the people's court. Legal basis:

Article 61 of the Trademark Law of the People's Republic of China shall investigate and deal with acts of infringement of registered trademarks in accordance with the law. and where a crime is suspected, it shall be promptly transferred to the judicial organs for handling in accordance with law.

It would be better if the registered trademark could be the same as the company name! The key is whether you can get the company to register the trademark first when it is approved!

The right to the name of the company is called the right to the name of the company, and the right to the trademark is called the right to the trademark. The two rights are generally incompatible. That is, if someone obtains the trademark right, he cannot ask others to change the name of the enterprise, or even prevent others from registering a company with the same name; Similarly, a company does not have the right to prevent others from registering a trademark that is identical to its own business name.

1. What is the content of the exclusive right to use a registered trademark?

Clause. 1. The registrant's right to use it himself/herself. Trademark registrants have complete rights to use their registered trademarks.

First of all, the registrant shall use his registered trademark on the goods or services approved by the Trademark Office according to his own wishes, without any interference from any other person, provided that he or she does not violate the provisions of the law. Secondly, the registrant has the right to advertise its registered trademark, and can also use its registered trademark for advertising.

Finally, unless the registrant has revoked the registered trademark by the Trademark Office due to violation, or the trademark has been cancelled by the Trademark Office due to the expiration of the validity period exceeding the grace period, no other person shall deprive the registrant of the exclusive right to use the registered trademark, nor shall he force the transfer of the exclusive right to use the registered trademark or license others to use it.

Clause. 2. The right to exclude the use of others. The trademark registrant has the exclusive and exclusive right to use its registered trademark, that is, without the permission of the registrant, no other person may use the same or similar trademark on the same or similar goods.

Without the permission of the registrant, the use of a trademark identical or similar to the registrant's trademark on the same or similar goods constitutes a right of use by the registrant to require the infringer to stop the infringement and compensate the registrant for the economic losses caused thereby, and the administrative authority for industry and commerce may impose a fine on the infringer. Where a person registers a crime by impersonating another person, in addition to compensating the infringed party for economic losses, criminal responsibility shall also be pursued in accordance with law.

Clause. 3. Right of Transfer. The owner of a registered trademark has the right to transfer his registered trademark with or without compensation by signing an assignment contract.

The transfer of a registered trademark is actually a transfer of the exclusive right to use a registered trademark. According to the provisions of the Trademark Law of the People's Republic of China, an application for the transfer of a registered trademark shall be submitted to the Trademark Office, and the Trademark Office shall make a public announcement after approval.

Clause. 4. Licensing the right of use by others. The trademark registrant has the right to license others to use it by signing a license contract. According to the provisions of China's Trademark Law, the licensed trademark shall be filed with the Trademark Office, and the text of the record license contract shall be reported to the Trademark and Advertising Section of the local Administration for Industry and Commerce for storage and investigation.

2. Can a product with only a generic name be registered as a trademark?

Goods that do not have only a generic name can be trademarked. According to the relevant laws and regulations, signs that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, and are formed by the combination of words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, can be applied for registration as trademarks.

At present, many entrepreneurs want to register a company, but they consider the registration of a company name and a registered trademark as a concept. In fact, this thinking is wrong. The following is a detailed analysis of the difference between a registered company and a registered trademark.

The State Trademark Office examines the trademark registration, while the registered company name is examined by the Administration for Industry and Commerce. "Trademark" mainly refers to a part of the business name used by business operators engaged in production or business activities to indicate their business name at the time of registration, and is the specific sign and name of factories, shops, companies, groups and other enterprises, and enjoys the exclusive right to use it in accordance with the law. The company name is included in the company name.

The role of trademark in the name of the enterprise reflects the uniqueness of the enterprise and distinguishes the enterprise from other enterprises. A brand is a logo for a product or service. The function of a brand is to distinguish a product or service by some kind of external logo.

One way of saying it, a company name is the name of a company, while a trademark is the name of a product or service offered by a company. The joint function of brand and trademark is to provide customers with logos, guide consumers to choose, expand market advantages, and serve business operations. The relationship between the trade name and the trademark is extremely close, often appearing together on the same goods, and the trade name may in some cases form an integral part of the trademark or the same content, but sometimes it is not.

There are differences between trade names and trademarks in terms of function and nature, and their manifestations are as follows: (1) trademarks are mainly used to distinguish a commodity, represent the reputation of a commodity, must exist in connection with a specific commodity, and intellectual property rights in trademark ownership; The trade name is mainly used to distinguish enterprises, represented by the reputation of the manufacturer, and must be associated with the producer or operator of the commodity, and the trade name belongs to the name right, so the trade name right is more closely related to the person or identity. (2) The trademark shall be registered and used in accordance with the provisions of the Trademark Law, and shall enjoy the exclusive right.

It is valid throughout the country and has a statutory temporal nature, and the trade name is also registered under the Company Law or the Enterprise Registration Ordinance, with the same exclusive rights. Within the jurisdiction of the registered administrative authority for industry and commerce, its exclusive right to use it will be born and extinguished at the same time as the enterprise. (3) China's trademark rights are protected by the Special Trademark Law; However, China's trade name rights are limited to the protection method of enterprise name rights in the general principles of civil law.

4) If the goods are presented to another country** with the lead mark of a company's trademark, the seller must register his trademark in another country, and there is no need to re-register his trade name.