What's the difference between trade name and trademark?
Trade name is used for the businessmen to show one part of their own business name when they wannt to register.It is the specific symbol and name of the factory,shop,firm,group etc. It enjoys the exclusive right of use.The law in China has no explicit stipulation to the trade name.But there is specific stipulation for protecting the right of enterprises name in the the General Principles of Civil Law.The world general rule has confimred the exclusiveness and specificity for the right of trade name.The person who has the right of trade name not only can use it, but also has the right to prohibit other person to repeat enroll or use your trade name.This person can also start a lawsuit and ask for compensation for the behaivor of infringing the trade name.Different country has different regulation on law for transfering the right of trade name. The regulation of General Principles of Civil Law in China is similar as the law in France:permit to buy and sell,licensing,mortgage the trade name. The trade name and trademark is very closely.They often appear on the same product. Sometimes trade name can be one part of a trademark, but sometimes no.There is difference on function and nature of trade name and trademark.Following is the main difference.

Trademark is used to differentiate the commodity. It represents the reputation of the commodity.Its existence must be related with  its certain specific commodity. Trademark right is belongs to intellectual property;

Trade name is used to differentiate the enterprise. It represents the reputation of manufactor. Its existence must be related witih the productor or saler of the commodity.Trade name right is belongs to name right.So trade name right has more closly relation with  person or identity.  

Trademark is registered and used according to the regulation of Trademark Law.It has private right that is valid allover the  nation and timeliness; Trade name is registered according to the Firm Law or Enterprise Enrolling Regulation. It has private right too.Its private right is valid in the jurisdiction area of the industry and commerce administration authorities by which it enrolled. It exists with the enterprise.

If the commodity with trade name and trademark is sold to other country, the selling person should register this trademark in the selling counrty, but it is not necessary to register the trade name.When some enterprises register their trade name to be the trademark, or revise the registered trademark to be their trade name, the trademark and trade name become same or one part of it. These are permitted by the Trademark Law, Firm Law and Enterprise Enrolling Regulation.

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