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The connection and difference between trademark and adjacent concepts
"Trademark" and "trade name" trademarks are used to distinguish goods or services provided by different commodity producers and operators, and reflect the quality, characteristics or services of specific goods, so as to facilitate people to buy or consume their brands and prevent confusion with others on the same goods or similar goods and services. A trade name reflects a specific subject identity and shows the personality and management level of the operator. Its purpose is to distinguish one's own business from other people's business, and to avoid being confused with other operators in various activities, so as to make the public misunderstand. Trade name is the name of the enterprise. The trade names and trademarks of some enterprises are the same, but in different places, "Lenovo" in Lenovo computer is the trademark, and "Lenovo" in Lenovo Group is the trade name. There are also some enterprises whose trademarks are different from trade names. Trademarks are trademarks, trade names are trade names, Procter & Gamble is a trade name, and Olay, Head & Shoulders and Pan Ting are trademarks. Trademarks and trade names have the function of distinguishing products and services, and they are both intangible property rights of enterprises. The difference between the two is that an enterprise can have multiple trademarks of services or commodities, but generally there is only one enterprise name. Once a trademark is approved and registered, it enjoys the exclusive right throughout the country. Enterprises and firms only enjoy exclusive rights in specific areas. The manifestations of trademarks include words, figures, numbers and their combinations. The trade name of an enterprise can only be expressed in words. Trade names are mainly adjusted according to the management regulations of enterprise name registration and enterprise legal person management, and trademarks are adjusted according to the trademark law. 2. "Trademark" and "Company Emblem" Company Emblem, commonly known as "Company Emblem", "Factory Emblem" or "Group Emblem", is a sign to identify enterprise entities or groups and has the function of distinguishing different operators. The company emblem is usually a flat sign of words, graphics or their combination, which is mostly expressed by the abbreviation, abbreviation or symbol graphics of the enterprise name. Trademarks and emblems represent the business philosophy, cultural characteristics and value orientation of enterprises, reflect the industry characteristics and business philosophy of enterprises, and are concrete symbols of enterprise spirit. Teacher's emblem and trademark are often transformed into each other in practice. China's current laws have no clear provisions on the protection of the company emblem, and enterprises often need to find ways to protect it in the course of business operation. They can register the company emblem in accordance with the provisions of the Trademark Law, so that the company emblem can be remembered and protected. Practice has proved that this is an effective method. On the contrary, some trademarks have gained a certain popularity after extensive publicity and use, and can directly reflect the characteristics of enterprises. Enterprises can also use the trademarks as the emblem. 3. The definition of "trademark", "signboard" and "signboard" in China Chinese Dictionary is: the brand hung in front of the store as a sign. Signs have a long history in China, and some time-honored signs are well-known and enduring, such as Quanjude, Tongrentang, Daoxiang Village, Yidege, Ruifuxiang and so on. For enterprises, the signboard itself is a valuable intangible asset for business. With the development of economy, the scope of signboards in today's society is constantly expanding. For example, the appearance of enterprise buildings, light boxes and neon lights are all signs, and enterprises can often use signs to achieve the role of advertising. The contents of signboards are generally composed of words that directly indicate the characteristics of enterprises, such as enterprise name, trade name, trademark and unique advertising language. Sometimes it consists directly of names, trade names, trademarks, etc. Used alone and sometimes together. Fourth, "brand" and "trademark" "brand" and "trademark" are a pair of easily confused concepts. Some enterprises mistakenly believe that products become brands after they are registered as "trademarks". In fact, there are both connections and differences between the two. Sometimes these two concepts can be equated with substitution, but sometimes they cannot be confused. Brand is a market concept, which emphasizes the establishment, maintenance and development of the relationship between enterprises (operators) and customers. Trademark is a legal concept, which emphasizes the protection of the legitimate rights and interests of producers and operators. In China, trademarks are divided into "registered trademarks" and "unregistered trademarks", and "brands" can be registered trademarks or unregistered trademarks. In addition, brands and trademarks can also be transformed. For example, if a brand is registered to obtain the exclusive right, it will be transformed into a trademark, which has legal significance. It is with the help of the legal function of the trademark that the interests of the brand beyond the value of the product itself are protected. (Hu Cuiqin)