COMPARISON ON TRADEMARKS AND TRADE NAMES

COMPARISON ON TRADEMARKS AND TRADE NAMES

Trademarks and Trade Names are two completely different objects in nature but are often confused because of their similarity in form. To better understand these two subjects as well as facilitate procedures related to intellectual property, please refer to the article below with Lincon.

CriteriaTrademarksTradenames
Similarity
 These are all commercial instructions used by business entities in commercial activities.
These are all visible signs.
They all have a distinguishing function.
 Difference
DefinitionA trademark is a sign used to distinguish goods and services of different organizations and individuals.A trade name is the name of an organization or individual used in business activities to distinguish the business entity bearing that name from other business entities in the same field and business area.
FunctionDistinguishing goods and services.Distinguish between business entities in the same field and business area.
SignalCan be words, images, symbols, a combination of language and images.Do not protect phrases and signs specified in Article 73 of the Consolidated Document of the Intellectual Property Law.Just a word sign (a collection of words, pronounceable and meaningful), does not protect colors or images. Consists of 2 components: description (summarizing the type of business) and distinction (distinguishing this business from other businesses).
Established basis  Register and grant protection certificates for common trademarks.Do not register well-known trademarks (establish ownership on the basis of use).No registration is required, ownership is established on the basis of use.
ProtectionProtection conditionsSigns visible to the eye.Able to differentiate.Able to differentiate, specifically as follows: Contains a proper name element, unless already widely known by use.Not identical or confusingly similar to a trade name that another person has previously used in the same business field and area, or another person’s trademark that was protected before the date that trade name was used.
Scope of protectionProtection throughout the entire territory.Protection in business fields and areas.
Term of protection10 years from the date of application, can be renewed multiple times.Protection has an indefinite term, protection ends when it is no longer in actual use.
OwnerTrademark owners are organizations or individuals who have been granted a trademark protection certificate by a competent authority or have an internationally registered trademark recognized by a competent authority or have a famous trademark.The owner of a trade name is the organization or individual that legally uses that trade name in business activities.
Transfer of rightsTrademarks can be the subject of assignment contracts and licensing contracts.Can only be the subject of a transfer contract provided that the transfer of the trade name is accompanied by the transfer of the entire production and business establishment and business activities under that trade name.
DutyThe owner is obliged to use the trademark continuously. If a trademark is not used continuously for (05) five years or more, the right to use that trademark will be terminated.The law does not stipulate usage obligations for trade names.
COMPARISON ON TRADEMARKS AND TRADE NAMES

Legal basis:

  • Intellectual Property Law 2005 (amended in 2009 and 2022).

𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐥𝐞 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧

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