A registered trademark is registered in accordance with the provisions of the Trademark Law and is unique. However, according to the company law, the name of an enterprise can be protected to some extent after being registered by the administrative department for industry and commerce in accordance with the laws on enterprise registration in China.

However, this kind of protection is limited to the name of the enterprise itself, and it can't protect the products of the enterprise. The products of the enterprise are infringed by counterfeiting, so it is generally difficult to obtain protection from the law of enterprise name registration.

2. The scope of exclusive right is different

The name of an enterprise is not a mark that distinguishes the goods or services of different enterprises, but the different producers and operators of the products. Therefore, the law does not require that the name of an enterprise be as prominent as a trademark. In a far place, two enterprises use the same or similar name. In fact, it will not lead to public misunderstanding, so it is allowed.

as for trademarks, if two enterprises producing similar products use the same or similar trademarks, the source of products will be confused in the market, which will lead to consumers' misunderstanding in product selection, so it should be avoided.

3. Different ways of obtaining trademarks

In China, the principle of combining voluntary registration with compulsory registration is implemented. The practice is that the registered trademarks of general commodities adopt the principle of voluntary registration, that is, the registered ones enjoy the exclusive right, while the unregistered ones can still be used, but they do not enjoy the exclusive right; For enterprise names, names that have not been approved and registered are not allowed to be used, and they do not enjoy the right to name.

4. The characteristics and contents of rights are different

Trademark right is an industrial property right, which only has the characteristics of property right, but not personal, while the right of enterprise name is a right with both personal rights and property rights. Therefore, the enterprise name right is generally not allowed to be transferred separately or licensed to others.