Trade names and trademarks are two important concepts with different functions and legal status in the commercial field. In explaining the differences between them, we can delve into the aspects of nature and right of use, classification and distinctiveness, distinctiveness and registration requirements, formation and registration procedures, and legal protection.
A trade name is a name that is generally of a general public interest and is in the public domain and can be freely used by anyone. This includes generic names, which are used to distinguish between different kinds of products, and specific names, which are used to distinguish specific kinds of goods within the same class. On the contrary, a trademark is a proprietary and proprietary mark, and a registered trademark cannot be used by others unless authorized by the trademark holder.
Trade names are used to describe the generic name of a product and are intended to achieve a general distinction. Although trademarks are also used to distinguish products, more emphasis is placed on distinguishing between manufacturers and sellers of different products. The distinctiveness of a trademark is essential to its successful commercial function.
Trade names usually lack distinctiveness and therefore cannot be registered as trademarks. The distinctiveness of a trademark is more demanding, and it needs to be able to clearly distinguish between different producers and sellers. Only a trademark with sufficient distinctiveness can be successfully registered without violating the provisions of the Trademark Law.
Trade names are usually naturally formed and do not need to go through a specific registration process. On the contrary, a trademark must be filed with the Trademark Office for registration and reviewed and approved before it can be used legally. The registration process of a trademark ensures its uniqueness and legality in compliance with regulations.
Trade names are generally not protected by law because they are generic and can be used by anyone. On the contrary, a trademark has legal protection only after it has been successfully registered. The holder of a registered trademark has the right to pursue infringement and is supported and protected by law.
In addition to the above points, it is worth noting that if a trademark is not properly used and protected, especially for a well-known trademark, it may evolve into a widely used generic name, losing its distinctiveness and distinctiveness, such as nylon and aspirin, which have had similar experiences. Therefore, it is important for business entities to properly understand and apply the distinction between trade names and trademarks to help protect brands and intellectual property rights more effectively.
Trademark Registration