Tên Thương mại và tên nhãn hiệu có khác nhau hay không?

        Tên Thương mại và tên nhãn hiệu có khác nhau hay không?. Có khá nhiều người nhầm tưởng Tên thương mại và nhãn hiệu hàng hóa là một nhưng thực ra chúng là hai phạm trù khác nhau. Vậy làm thế nào để phân biệt giữa tên thương mại và nhãn hiệu?

       Thứ nhất, sự khác nhau về khái niệm. Tên thương mại là tên gọi của tổ chức, cá nhân dùng trong hoạt động kinh doanh để phân biệt chủ thế kinh doanh mang tên gọi đó với chủ thể kinh doanh khác trong cùng lĩnh vực và khu vực kinh doanh. Ví dụ Công ty TNHH tư vấn luật Quốc Dân, trong hoạt động thương mại, có tên thương mại là Luật Quốc Dân nhằm để phân biết với các hãng luật khác. Còn nhãn hiệu là  dấu hiệu của sản phẩm, dịch vụ để phân biệt các sản phẩm dịch vụ của các cá nhân, tổ chức kinh doanh khác nhau.  Ví dụ như Công ty Dược và Vật tư y tế Phú Yên  có các sản phẩm mang nhãn hiệu thuốc sau: COLDFLU, GINVITON, EVEROSE, …

        Thứ hai, về thành phần cấu tạo. Tên thương mại bao gồm từ ngữ, chữ số đọc được, còn nhãn hiệu hàng hóa bao gồm cả từ ngữ, chữ số đọc được và hình ảnh, màu sắc. Quay lại với ví dụ của Luật Quốc Dân, chỉ bao gồm các chữ cái, còn khi nhắc đến nhãn hiệu chè Thái Nguyên, nó không những bao gồm chữ cái mà còn bao gồm hình ảnh búp chè non đã được đăng ký bảo hộ.

        Thứ ba, về phạm vi bảo hộ. Tên thương mại chỉ được bảo hộ trong một địa bản, trên một lĩnh vực, còn nhãn hiệu hàng hóa có phạm vi bảo hộ trên tòa quốc.

        Thứ tư, thời hạn bảo hộ. Tên thương mại có thời hạn bảo hộ không bị giới hạn, còn nhãn hiệu hàng hóa chỉ có thời hạn bảo hộ là 10 năm (có thể gia hạn nhiều lần, mỗi lần gia hạn 10 năm)

        Có một câu hỏi đặt ra, doanh nghiệp có thể lấy tên thương mại đặt tên cho nhãn hiệu hàng hóa được hay không?

Hãy liên hệ đến Trung tâm hỗ trợ và phát triển thương hiệu để được tư vấn và hỗ trợ!!!

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