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The distinction between Trade name and Trademark.

 

Many enterprises usually have confusion between Trade name and Trademark because of its similarity in the synopsis’s form. It results in the fact that many enterpries ignore the registration of marks for their goods, products, services and lose their lawful rights to opponents in the same business sector or area.

 

Through this following table, T2H Lawyers would like to provide enterpries some criterias to have an overview about the diffirences between Trade name and Trademark.

 

Criteria Trade name Trademark
Synopsis Trade name means the designation of an organization or individual used in business activities in order to distinguish the business entity bearing such trade name from other business entities in the same business sector and area.

(Clause 16 Article 4 of Law on Intellectual Property 2005, amendment 2009)

Trademark means any sign used to distinguish goods or services of different organizations or individuals.

(Clause 21 Article 4 of Law on Intellectual Property 2005, amendment 2009)

Creation Including pronunceable and meaningful words; not color and imagines protection. Consist of 2 parts: description and distinction. Maybe words, symbols, the combination between words and symbols.
Function Distinguish the business entity bearing such trade name from other business entities in the same business sector and area. Distinguish goods or services of different organizations or individuals.
Amount A business entity could have one trade name. A business entity could register for many Trademarks of diffirent goods, services.
The basis of protection The lawful, durable and stable use. – Register with normal Trademark and be granted certificate of registration.

– Optional registration with well- known Trademark.

Term of protection Unspecified time, terminating when not using. 10 years, may be renewed.
Scope of protection In business sector and area. Nationwide.
The assignment of rights Object of the property right assignment contract (within the condition that the assignment is enclosed with the transference of all business establishments) Object of the property right assignment contract and the use right assignment contract.

 

Contact T2H Lawyers for more information.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2h.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

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