1. The relationship between trade name and brand name and trademark includes:

(1) Trademark is used to distinguish similar goods provided by different commodity producers and operators, but its users are fixed. Trade names are also used exclusively by a specific producer and operator in commercial transactions to distinguish them from other commercial subjects;

(2) The words, figures or their combinations used in trademarks and the words used in trade names shall not violate laws and regulations and the interests of the public;

(3) Trademarks and trade names are both carriers of goodwill and intangible property with economic value, and their utilization will bring rich profits to the obligee.

2. Legal basis: Article 3 of the Trademark Law of the People's Republic of China

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.

the term "collective trademark" as mentioned in this law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization.

the term "certification mark" as mentioned in this law refers to a mark controlled by an organization that has the ability to supervise a commodity or service and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service.

special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.

II. What are the functions of trademarks

The functions of trademarks include:

1. Distinguish different producers and operators of similar goods;

2. Differentiate the quality of goods produced by different producers;

3. It is convenient for consumers to recognize the brand and purchase goods;

4. It is beneficial to commodity advertising.