Legal subjectivity:

The difference between a trade name and a trademark is as follows: 1. Applicable laws vary. Applications for registration of trademarks need to be carried out in strict compliance with the relevant provisions of the Trademark Law. Therefore, the rights related to registered trademarks are governed by the Trademark Law. Law protection. Trademark rights are intellectual property rights and are highly protected by law. The state has not formulated special laws for trade names. Trade names are mainly registered in accordance with the "Company Law" or the "Enterprise Registration Management Regulations". Trade name rights are name rights and are less protected by law. 2. Different functions: Trademarks are mainly used to distinguish goods, represent the reputation of goods, and must exist in connection with certain specific goods to which they are attached. Trade names are mainly used to distinguish enterprises. They represent the reputation of manufacturers and must exist in connection with the producers or operators of goods. 3. Different Scope of Application The Trademark Law stipulates that the exclusive right to register a trademark is limited to ten years. There is no geographical restriction on the exclusive right to use a trademark. The scope of application of the exclusive right to use a trademark covers the whole country and can even be extended to the world. There is no statutory time limit for trade name rights, and it will last for as long as the enterprise lives and dies; the scope of application of trade name rights is limited and is only valid within the jurisdiction of the industrial and commercial administrative agency where it is registered. 4. Different Registration Principles my country's trademark registration implements the principle of combining "voluntary registration and compulsory registration", which stipulates that except for human medicines and tobacco products, which must apply for registered trademarks, whether to apply for registered trademarks for other products follows the voluntary principle. Trade name registration follows the principle of "compulsory registration". Enterprise trade names must be registered with relevant departments, and trade names cannot be used without registration. Legal objectivity:

International registration of trademarks refers to registrations carried out by the International Bureau of the World Intellectual Property Organization in accordance with the Madrid Agreement on the International Registration of Marks and the Protocol Relevant to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Agreement and the Protocol respectively). Trademark registration. Internationally registered trademarks can be directly protected by law in designated contracting parties to agreements and protocols through territorial extension, thus producing the same legal effect as trademark registration in these countries one by one. At present, there are more than 40 member countries of the Agreement, the main ones are: China, Algeria, Germany, Austria, Belgium, Luxembourg, Netherlands, Bulgaria, Egypt, Spain, France, Hungary, Italy, Liechtenstein, Morocco, Monaco, Mongolia, Portugal, North Korea, Romania, San Marino, Sudan, Switzerland, Vietnam, Cuba, Poland, Russia and some former Soviet countries. There are more than ten member states of the protocol, mainly including: China, Spain, the United Kingdom, Germany, Denmark, Norway, Finland, Sweden, Cuba, the Czech Republic, North Korea, Monaco, and Poland. Trademark rights are strictly territorial. Rights obtained in any country can only be protected in that country, and their rights are not recognized in other countries. As my country's foreign economic exchanges continue to increase, the trademarks of Chinese companies are attached to the company's products and continue to go to the world. In order for these trademarks to be protected in the country where they are sold, certain procedures must be completed in certain ways. At present, there are two main methods: one is to directly apply for trademark registration in the country where the trademark is located; the other is to extend the territory through international trademark registration. (1) Apply directly for trademark registration in the country where you are located. When applying for trademark registration abroad, you should generally entrust a trademark agent in the country where you are located. On the one hand, this is because many applicants do not have knowledge of the trademark laws of the country where they are applying and do not understand the specific procedures for application; on the other hand, because most countries require that non-nationals applying for trademark registration must entrust a trademark agent in their country to handle it on their behalf. . As for which agent to entrust, it is up to the applicant to decide. Applicants can entrust their trading partners in the country of application to search for them on their behalf, or they can search for them themselves. Currently, many companies are willing to entrust a trademark foreign-related agency in the country of origin to handle the matter. Since these institutions have established cooperative partnerships with many foreign trademark agents, entrusting them to handle trademark registration applications abroad is both simple and time-consuming. When entrusting these agencies to handle the matter, you only need to issue a corresponding power of attorney, provide the corresponding trademark image (word trademarks are sometimes not required), and specify the necessary product range.

If the applicant entrusts his trading partner abroad to handle the matter on his behalf, both parties should sign an agreement stating that the application for registration will be made in our name to prevent the trademark rights from being lost. (2) International registration of trademarks and territorial extension. Our country was established as a member state of the Agreement and the Agreement on October 4, 1989 and December 1, 1995 respectively. Therefore, Chinese enterprises can obtain international registration of trademarks in the member states of the Agreement or the Protocol. Legal protection of trademarks. Applications for international trademark registration must be submitted to the Trademark Office. You can either entrust an agent to handle the procedures or handle them yourself. The trademark applying for international registration must be a trademark that has been applied for registration in my country or a trademark that has been registered or preliminarily approved. The goods designated for international registration may exceed the scope of goods specified when applying for registration or the scope of goods approved for registration. . After receiving the application and necessary attachments and fees, the Trademark Office will send the relevant application documents to the International Bureau of the World Intellectual Property Organization in Geneva, Switzerland, which will handle the trademark registration. After the International Bureau examines the application, it will register the trademark and issue an international trademark registration certificate. At the same time, it will notify the country designated for protection within a time limit (one year in the member countries of the agreement and eighteen months in the member countries of the protocol) to conduct the review. What needs to be pointed out here is that international registration does not generate exclusive rights, that is to say, the registrant’s trademark cannot be directly protected in member states. Only when the registrant applies for protection in a certain member country and the trademark authority of the requested country does not reject his protection request within the specified period, the internationally registered trademark can enjoy the same rights as a domestically registered trademark in that country. The protection of an internationally registered trademark in a certain member country is called the territorial extension of the international registration of a trademark. As mentioned above, a trademark can be protected in that member country only if the extension application is not rejected by the member country within the specified period. A request for extension can be made when applying for international registration. If the application states the name of the country applying for protection, such as France or Germany, then when the international registration is approved, the International Bureau will notify the above two countries to conduct an examination. An extension application can also be filed after the international registration of a trademark. If a request is made to Spain for protection 5 years after registration, the International Bureau will ask Spain to make an examination decision within the prescribed time limit after receiving the application. If it is not rejected within this period, the validity of the internationally registered trademark will be extended to Spain, and the registrant will enjoy the exclusive right to the trademark in Spain. It should be pointed out that no matter when the application for territorial extension is made, the member countries of the agreement require that the trademark applying for territorial extension must be a trademark that has been registered in the country of origin, while the member countries of the protocol do not require this. The validity period of the international trademark registration carried out in accordance with the agreement is 10 years or 20 years. The two validity periods are chosen by the applicant. Of course, the fees paid are different; the validity period of the international trademark registration carried out in accordance with the protocol is ten years. No matter how many years it is valid, it can be renewed when it expires. Otherwise, although the international registration is valid, the territorial extension will become invalid due to lack of renewal, causing the trademark to lose protection. When applying for international trademark registration, you only need to use one language (English or French), pay a fee, use one currency (Swiss franc), and fill out one form. Therefore, obtaining trademark protection abroad through international trademark registration saves costs. , and also save time. Unfortunately, the current member states of the Agreement and the Protocol are still mainly developing countries. Some major developed countries such as the United States and Japan have not yet joined the Agreement or the Protocol. Therefore, obtaining trademark protection in these countries still requires registration one by one.