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Are trademarks and brands the same?

Legal subjectivity:

⑴Trademark is part of the brand. Trademark is the logo and name part of the brand, which is easy for consumers to identify. But the connotation of a brand goes far beyond that. A brand is not just an easily distinguishable name and symbol, but also a comprehensive symbol that needs to be given image, personality, and life. The design of the brand logo and brand name is only the first step in establishing a brand, but to truly become a brand, it is necessary to improve the brand personality, brand identity, brand positioning, brand communication, brand management and other aspects. In this way, consumers' understanding of the brand will change from form to content, from perceptual to rational, from unknown to understanding and purchase, forming brand loyalty. ⑵Trademark belongs to the legal category, and brand is a market concept. Trademark is a legal concept, which emphasizes the protection of the legitimate rights and interests of producers and operators; brand is a market concept, which emphasizes the establishment, maintenance and development of the relationship between enterprises (producers and operators) and customers. . The legal role of trademarks is mainly to protect the legitimate rights and interests of trademark owners through legal procedures such as the establishment, renewal, transfer, and dispute arbitration of trademark exclusive rights; at the same time, it encourages producers and operators to protect product quality and maintain trademark reputation. When the interests related to the trademark are infringed, you can protect your rights and interests through legal means. The trademark shows the solemnity and inviolability of the law. The market role of brands is as follows: brands are beneficial to promoting sales and increasing brand benefits; they are beneficial to strengthening customers' brand awareness, guiding customers to purchase goods, and building customer brand loyalty. ⑶Trademarks are in the hands of enterprises, and brands are beneficial to consumers. It should be noted that the ownership of trademarks belongs to enterprises and registrants, while brands belong to consumers. They only exist in the minds of consumers. When consumers When your brand is no longer valued, it is worth nothing. The law is objective:

Article 3 of the "Provisions on the Registration and Management of Enterprise Names" When an enterprise applies for registration, the enterprise name shall be approved by the registration authority of the enterprise name. The enterprise name can only be used after approval and registration, and it enjoys exclusive rights within the prescribed scope. Article 26 of the "Enterprise Name Registration Management Regulations" The following acts that violate these regulations shall be punished by the registration authority according to the circumstances: (1) Anyone who uses an enterprise name that has not been approved for registration to engage in production and business activities shall be ordered to cease operations. Activities, illegal gains will be confiscated or a fine of not less than 2,000 yuan but not more than 20,000 yuan will be imposed. If the circumstances are serious, both penalties may be imposed; (2) If the company name is changed without authorization, a warning or a fine of not less than 1,000 yuan but not more than 10,000 yuan will be imposed, and a time limit shall be imposed. Handle changes in registration; (3) Anyone who transfers or leases his or her business name without authorization shall have his illegal gains confiscated and be fined not less than RMB 1,000 but not more than RMB 10,000.