Is trademark registration the same as brand registration? There are differences. Brand is an economic term and trademark is a legal term. Brand and trademark are easily confused concepts, and it is easy to mistake a product for a brand after trademark registration. In fact, there are both connections and differences between the two. Sometimes, the two concepts can be equated and replaced, and the brand can become the common name of the trademark. But sometimes we cannot confuse these two concepts. Brand is not completely equivalent to trademark, and trademark is not completely equivalent to brand. Only by registering a trademark can a brand be protected by law.

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The difference between a registered trademark and an unregistered trademark: a registered trademark refers to a trademark that has been registered with the State Trademark Office in accordance with legal procedures and has been examined and approved for registration, while an unregistered trademark refers to a trademark that has been used in goods or services without trademark registration.

Registered trademarks are protected by law: Article 3 of the Trademark Law stipulates that a trademark approved by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

As far as the protection of unregistered trademarks is concerned, trademark law embodies two characteristics: there are two kinds of unregistered trademarks protected by trademark law, including unregistered well-known trademarks and unregistered trademarks with certain influence.

The rights of two unregistered trademarks are different. Unregistered well-known trademarks are given exclusive rights, and unregistered trademarks with certain influence are only given priority registration rights. The first paragraph of Article 13 of the Trademark Law stipulates: "A trademark that applies for registration of the same kind of similar goods is a well-known trademark that is copied, imitated or translated. If it is easy to cause confusion, it may not be registered and its use may be prohibited."

Article 31 of the Trademark Law stipulates: "The application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means.

Paragraph 2 of Article 41 stipulates: "If a registered trademark violates the provisions of Articles 13 and 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark within five years from the date of registration of the trademark. For malicious registration, the owner of a well-known trademark is not limited by a five-year period. "

Ordinary unregistered trademarks are not protected by the Trademark Law, and the Trademark Law does not clearly stipulate the protection of ordinary unregistered trademarks, so they are always in a state of no right to protect, and may be banned from use at any time because others have approved the registration of the same or similar trademarks. Therefore, if you want to use ordinary trademarks safely, you'd better register.

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