Trademark Law

Jul 15th 2015, 08:53 in Trademarks
What is the difference between a trade name and a trademark?



Mane Sargsyan

Jul 15th 2015, 16:23
The trade name (in the Republic of Armenia also known as the "firm name"), is the name under which a legal person conducts trade or business. The rights in the trade name arise upon incorporation (state registration) of that person under the given firm name. These include the exclusive right of the person to use that name, as well as to prohibit others from using it.
The rights to the trade name can only be transferred in the event of reorganisation of the legal person.

The trademark on the other hand is the designation used to distinguish the goods and services that the person offers.
The rights to the trademark arise upon its registration and include the right to use and dispose of the trademark.
The rights to the trademark can be transferred by contract.

The same legal person can register several trademarks for different goods and services. Whereas it can only have one firm name (trade name).
Both trade names and trademarks need to meet specific requirements in order to obtain protection under Armenian legislation.

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