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Is it necessary to have the same company name and trade name?

Release Time：

2022-07-07

Many customers are upset that their company name cannot be registered as a trademark. Relatively speaking, the trademark name is indeed more difficult to register than the company name, this is because the company name is a regional division, generally the place name is the beginning, the limited company is the end, different regions can use the same name name, and the trademark is a nationwide review, in the same or similar goods on the same name trademark only one applicant can register successfully.

So when applying for a registered trademark, should the trademark name be the same as the company name?

Would it be better to have a name?

What difference does it make?

Today, we'll talk about the difference between a brand name and a company name, and whether the two should be consistent.

The difference between a trade name and a company name

A trademark is a sign used to distinguish the source of goods or services. A trademark is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, color combinations, or a combination of the above elements. The trademark is unique and exclusive, without geographical restrictions, once registered, the same or similar trademark can not be registered in the same industry in the country.

The company name is composed of four parts: administrative division + brand + industry characteristics + organizational form. The company has regional characteristics, and the same company name may be registered repeatedly in different regions.

It is understandable that many enterprises want their trademark names to be consistent with the company name, which is more conducive to the publicity and promotion of the trademark and the company, and is more conducive to winning the trust of the public. We will find that most of the trademark names and company names in many traditional entity industries are consistent, such as Gree's company name is Zhuhai Gree Electric Appliance Co., LTD.; Wanda's corporate name is Dalian Wanda Group Co.; Yili's company name is Inner Mongolia Yili Industrial Group Co., LTD. Huawei's company name is Huawei Technologies Co., LTD.

However, many modern Internet companies do not use the same brand name as the company name. For example, Taobao's company name is Alibaba Group Holding LTD.; Wechat company name is Tencent (Shenzhen) Co., LTD.; The company names of Tiktok are Beijing Bytedance Technology Co., LTD.

So, why is the brand name inconsistent with the company name

1. The function of trademark is different from that of company. Trademark is a sign for consumers to distinguish the source and characteristics of goods, while company is the main body of business. A company can register trademarks of many different names to create brands with different characteristics and different positioning, better develop market resources, and occupy more market share.

2. Consumers often do not have access to enterprises, and judge products based on trademarks and brands. We sometimes know a lot of trademark brand names, but do not necessarily know the name of the operating entity behind the company.

3. Trademarks as intangible assets can be bought and sold. Matching the trade name with the company name is not conducive to trade marks unless the company and the trademark are sold together. While the trademark name is not consistent with the company name, the company can continue to operate through the funds obtained from the sale of the trademark, and can create a new trademark brand.

Whether the trademark name and the company name are consistent is based on their own plans. But the relationship between the two is not equal.

With the number of company registrations and trademark registrations soaring today, the chances of both names being the same and both being approved are indeed getting lower and lower. It is better to change the idea that the trademark name is not consistent with the company name, but can still be built into a well-known brand. And one company can also create many well-known brands. Consumers are more likely to focus on the product and remember the logo more than the manufacturer. Therefore, you do not need to think too much about other issues, as soon as possible to register the trademark.

Expertise sharing

Does the online application for invalidation also require a copy? How to submit a copy that is inconsistent?

　　A: According to the provisions of Article 20 of the Trademark Review and Adjudication Rules, a party participating in the review shall submit a corresponding number of copies according to the number of other parties, and the content of the copies shall be the same as the original.

If a request for invalidation is submitted online, the original copy shall be consistent, and one document can be uploaded. If the original copy is inconsistent, it cannot be submitted through the online service system. It is recommended to submit by mail or on-site.

Source: Trademark Circle

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