The teacher talked about many brands and trademarks in class, but I just don't quite understand them. Obviously this enterprise owns the brand first, why can other enterprises register the trademark first? Do me a favor and make my brain smart ... trademarks and brands are two concepts with incomplete connotations. The brand must be used without registration, and once registered, it becomes a trademark; Only after registration can a trademark be protected by law and enjoy the exclusive right. A registered but unused trademark is not a brand. The brand and trademark of an enterprise can be the same or different, and the extension of the brand is wider than the trademark. Brand is not the same as trademark. In China, in the middle and late 1980s, the voice of trademarks was relatively high. In the middle and late 1990s, the voice of brands was relatively high. In the middle and late 1980s, some enterprises began to have the ability and strength to expand their market territory overseas, and the most capable enterprises were those with famous trademarks. After learning this information, foreign enterprises first registered China's well-known trademarks in foreign countries. For example, the Japanese registered nearly 300 trademarks in China, while Malaysians and Singaporeans registered hundreds of trademarks in China, which means that products with trademarks like China are banned in the markets of these countries. For example, Tongrentang is registered in Japan, which means that our drugs in China can no longer be sold in Japan under the name of Tongrentang, otherwise it will be infringement. Therefore, in the 1980s, the Trademark Office shouted loudly that enterprises should pay attention to trademark registration and protect their legitimate rights and interests. Another example is the Youth Digest published by Gansu People's Publishing House, which is very popular among young people. However, it has not been translated into a trademark and is not protected by the national trademark law. Since it has been registered abroad, this publishing house has to reluctantly give up what one favours and change Youth Digest into Reader. There are many similar situations. Trademark belongs to the legal category, which relates to whether the legitimate rights and interests of producers and operators can be protected, so the State Trademark Office should remind enterprises to pay attention to trademark registration to protect their legitimate rights and interests. In the middle and late 1990s, the voice of brands was relatively high. This kind of voice mainly comes from enterprises, because enterprises realize that brands are linked with customers. In order to win the market, brands must be well done and recognized by consumers. Therefore, brand is the category of market, which emphasizes the establishment, maintenance and development of the relationship between enterprises and customers, and between enterprises and consumers. Only when the brand is recognized by consumers can it accumulate better market interests, and this part of market interests must be transformed into trademarks to obtain the most basic protection. 1. The difference between trademark and brand. Trademarks and brands are actually two sides of the same question: (1) From the market point of view, brands accumulate market benefits. (2) From the legal point of view, protect the accumulated market interests of brands through trademarks. Therefore, only by transforming a brand into a trademark can its accumulated market interests be protected by law. However, when a brand is converted into a trademark, a certain fee must be paid. Some enterprises are unwilling to pay this fee, so their brands are not protected by law. (3) In terms of quantity, the number of brands and trademarks is not equal; A trademark is a part of a brand, and it is a part of the brand's exclusive right to use a trademark. If a brand wants to survive, be long, long, far and big, it must be transformed into a trademark. Only when it is protected by law can the brand continue. 2. Issues to be considered in registering a trademark If the brand is to be legally protected, it must be converted into a trademark, which requires trademark registration. The following questions need to be considered when registering: (1) Whether to carry out diversified registration, that is, to defend registration. For example, Wahaha Group, in order not to lose profits, registered Wahaha, Hahahaha, Hahahaha, so that competitors have no chance. This is the so-called diversified registration. (2) Whether cross-domain registered trademarks belong to intellectual property rights, but they are only protected within the legal jurisdiction, and cannot be protected beyond the legal jurisdiction. For example, a brand has gained a certain popularity in China's domestic market. If it is registered as a trademark, it can be protected within the jurisdiction of our country, but in Japan, the United States and other countries and regions, China's trademark law is unable to protect it. In this case, if you want to land in the international market, you must get the trademark registered abroad. (3) Whether there are 42 categories of goods registered with multiple products, including 34 categories of tangible products and 8 categories of intangible products, so we should consider the registered categories. We emphasize a product and a registration, which involves a choice. If you only register one commodity category, when your brand awareness is further improved, there may be another commodity trademark registered with the same name that infringes on you, causing your legitimate rights and interests to suffer a certain degree. However, if you have registered all 42 categories of goods, and you have to pay too much, it involves the choice. These are all issues that enterprises should consider and pay attention to. "