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Trade name refers to the name of a commodity used to distinguish it from other commodities. It can be divided intoCommon nameAnd a specific name.The way of naming can be from commodity functionProduct image, origin of goodssymbolic meaning It is generally expressed in words.[1]
MerchandisingCommon nameRefers to the general name of the commodity known to the public, such as TV, computer, table, clothes, etc.The common name only refers to the sameClass I commodityThe name of cannot be used to distinguish different goods of the same kind.For example, the common name of computer cannot be used to distinguish“association”The computer produced by the company and the computer produced by the Great Wall Company.
Specific name
The specific name of a commodity refers to the name of a specific commodity, such as:Rice wine、Moutai wine、21 Super-Vita、LMZ toothpastewait.Most of the specific names of commodities can be registered astrademark。
Difference between trade name and trademark
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1. The trade name is popular, owned by the public, and can be used by everyone;However, the trademark has specificityMonopoly 。
2. MerchandisingCommon nameIt is used to distinguish different kinds of goods. The specific names of goods are used to distinguish specific goodsSpecific things；Although trademarks are also used to distinguish goods, they are mainly used to distinguish producers and sellers of different goods.
3. The generic name of the commodity does not haveSignificance, cannot be used asTrademark registrationBecause it not only can't distinguish different producers or sellers of goods, but also can change the name that should be used by the public intoSpecific personMonopoly, resulting in undue monopoly;
As long as the specific name of the commodity does not violate《Trademark Law》Most of the provisions of Article 11 can be registered as trademarks, such as:21 Super-Vita、Moutai wine、LMZ toothpasteThey are not only the specific name of the commodity, but also itsRegistered trademark。
4. The name of the commodity is naturally generated, and no formalities are required;A registered trademark may become a registered trademark only after it has been applied for approval.
If the trademark, especiallywell-known trademark (e.g.:aspirin, nylon)Improper use of trademarks. Improper protection may lead to the trademark's natural transformation into a well-known commodityCommon nameSo that the trademark loses its distinctiveness (identifiability), and at this time, the trademark owner loses itsMonopolistic monopolyRight.
