Besides trademarks, “trade name” is also a way for consumers to identify this service’s owner and business with other market subjects. Accordingly, individuals and economic organizations often used it for their business activities and considered separate brands in the market. With many years of experience in consulting for individuals and businesses on trademarks and trade names, LawPlus would like to provide customers with some information related to trade name. trade name of enterprise
Table of Contents/Mục lục
1. What is the trade name?
According to Clause 21, Article 4 of the Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019 (current IP Law), a “Trade name is the name of an organization or individual used in business activities to distinguish a business entity bearing that name from other business entities in the same business field and area. The business area specified in this Clause is the geographical area where the business entity .has clients, customers, or has a reputation.”
Accordingly, a “trade name” helps customers to identify this business entity from. another business entity for goods and services in the same market and a certain geographical area. The owner of industrial property rights to a trade name is an organization or individual conducting. business activities under that trade name. A trade name can be a business name if the business name can. distinguish between business entities in the same field and area. However, not every business name can protected under this name. trade name of enterprise
2. Cases that are not trade names
Based on article 77 of the current IP Law, objects not protected in the name of trade names include:
- Name of the State Agency;
- Political organizations;
- Social and political organizations;
- Socio-political organization – profession;
- Social organizations, socio-professional organizations;
- Or other entities not related to business activities.
3. Distinctiveness of trade names
According to Article 76 of the current IP Law, a trade name is protected if it is capable of distinguishing the business entity bearing that trade name from other business entities in the same business field and area. Regarding conditions, according to Article 78 of the current IP Law, a trade name is considered distinctive if it meets the following conditions:
- Contains a proper name element, except where it is already widely know by use;
- Not identical or confusingly similar to a trade name that other people have. used before in the same business field and area;
- Not identical or confusingly similar to another’s trademark or to a geographical indication that.protected before the date the using trade name.
4. Acts of infringing upon trade names
According to Clause 2, Article 129 of the current IP Law, Any act of using a trade indication identical or similar to another person’s trade name has been used before for the same product, service product, or similar services, confusing business entities, business establishments, and business activities under that trade name are considered infringing rights to the trade name.
In addition, the Law on Amending and Supplementing several Articles of the Intellectual Property Law (effective January 1, 2023) also stipulates possessing or using a domain name identical or confusingly similar to another’s a trademark, protected trade name, or geographical indication that one does not have the right to use with malicious intent, taking advantage of its reputation, the reputation of the respective mark, trade name or geographical indication to gain illicit profits.” considered as an anti-competitive act in the market.
lưu ý
Thus, a trade name does not need to go through the procedures for registration of protection at the National Office of Intellectual Property. People recognized it through using in business activities when it meets the conditions of distinctiveness, not considered as trade name.
Above is information about trade names provided by LawPlus. To better understand this issue, contact us via the hotline at 02862 779 399, 03939 30522, or email info@lawplus.vn LawPlus team will consult and answer questions.
