Legal analysis: trademarks are not patents. Trademarks and patents are not subordinate, but all belong to the category of intellectual property rights. Trademark is a goods or services will be marked as a specific individual or enterprise produced or provided by the goods or services of the distinctive signs.

Legal basis: "Chinese People's **** and State Trademark Law" Article 4 natural persons, legal persons or other organizations in the production and business activities, its goods or services need to obtain the exclusive right to trademark, shall apply to the Trademark Office for trademark registration. A malicious application for trademark registration not for the purpose of use shall be rejected. The provisions of this Law on merchandise trademarks are applicable to service trademarks.