A mark and a trade name are two objects in the field of industrial property, or more broadly of the intellectual property, they are confusing because they have many similarities, however, they are totally different, particularly a Mark is a sign used for goods, services, while a Trade Name is an organization, individual’s name used for production, business in general; now you must distinguish them but it’s not clear, so Truong Luat will specify some basic differences as below.
A Mark is constituted by words (letters or digits) or figures (images or photographs) or the combination of words and figures, different from a Trade Name, having only one factor - word. Scope of protection of a Mark is tremendous, may be in a country or a territory, different from a Trade Name, only in a certain geographical area. A Mark is only used for one or many goods, services, while a Trade Name can be used for all goods, services that enterprise bearing the name trades.
Distinguishing between a Mark and a Trade Name, as well as other intellectual property objects such as applied art, is very important because a thing called a Mark or a Trade Name or Industrial design or another object is based on how it is used, regardless of the same sign. Therefore, the need of Intellectual Property Representative recognized by the National Office, Copyright Office and Department of Cultivation (such as Truong Luat) for reasonably and legally registering and protecting intellectual property objects is essential.