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Brand and trademark are a pair of concepts that are easily confused, and some companies mistakenly believe that a product becomes a brand after trademark registration. In fact, the two are both related and distinct. Sometimes, the two concepts can be substituted equally, while sometimes the two concepts cannot be confused; A brand is not exactly the same as a trademark, and a trademark is not exactly the same as a brand.
Trademark refers to the combination of words, graphics, letters, numbers, three-dimensional signs and colors, as well as the producers and operators of the combinations of the above elements, distinguish their own goods or services from other goods or services. When a trademark is used, it should be clearly indicated with "R" or "Note" to refer to a registered trademark.
Brand is a collection of concepts, mainly including brand name, brand logo, trademark and brand character. A brand name is a combination of words, letters, numbers, or phrases in ——— part of a brand that can be pronounced in language, also known as a "product name". A brand logo refers to the part of a brand that can be recognized and easily remembered but cannot be referred to in words——— including symbols, patterns or obvious colors or fonts, also known as "product marks".
A trademark is a whole brand, brand logo, brand character or combination of elements that are legally protected by law after registration. A brand persona is the way a brand is represented with a human or anthropomorphic logo. The main difference between a brand and a trademark is that a trademark can be protected by law, while a brand that has not been registered to obtain trademark rights is not protected by law.
Therefore, a trademark is a brand that has been registered and obtained the exclusive right to use a trademark and is protected by law. Brands and trademarks are trade names and logos used to identify different types and quality products of different producers and operators. A trademark is not only a sign or mark, but more often it also includes the name or title part, and in the process of brand registration to form a trademark, these two parts are often registered together and are jointly protected by law.
In the marketing practice of enterprises, brands and trademarks are used to distinguish goods, facilitate consumers to identify goods, and facilitate competition. It can be seen that brands and trademarks are both basic elements of communication.
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Similarities and differences between brands and trademarks.
Brands are not trademarks. "Brand" refers to the symbol of a product or service. Symbolic identification marks refer to "trademarks".
The areas covered by the brand must include goodwill, products, corporate culture and overall operational management. Therefore, "brand" is not a thin symbol, but the overall competition of an enterprise, or the sum of the competitiveness of an enterprise. The brand not only includes the "name" and "logo", but also extends to the flat visual system of the series, and even the stereoscopic visual system.
However, it is often narrowed to a series of consciousnesses and expectations surrounding products or services in people's consciousness, becoming an abstract image symbol. Even equate a brand with a specific trademark.
People identify the psychological factors of a brand from the experience factors of the brand. The experience factor is usually made up of the experience of using the brand, and the psychological factor is the image of the brand, that is, the symbolic identity created by all the information and expectations associated with the product or service.
The significance of the brand lies in the pride and advantages of the enterprise, when the company is established, the brand power is because of the service or quality, forming an intangible business positioning. The brand is first and foremost an exclusive commercial symbol, that is, a trademark, and then, this symbol needs to be recognized, that is, it has meaning.
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Brand is a comprehensive evaluation of the potential market value of goods and services, and is an intangible asset created by an enterprise; A trademark is a visible sign that is used to distinguish goods or services. Trademarks can be a building block of a brand.
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The brand is the popularity, the trademark is the patent, and it is the anti-counterfeiting
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No. 1. The concepts of trademark and brand are different
A trademark refers to a sign composed of words, graphics, letters, numbers, three-dimensional signs, color combinations and combinations of the above elements, which are used in the classification of goods or services to distinguish different goods or services.
Brand is an intangible asset that brings premium and value-added to the owner, and its carrier is the name, term, symbol, mark or design and combination used to distinguish it from the products or services of other competitors, and the source of value-added comes from the impression of its carrier formed in the minds of consumers.
A trademark is a sign used to distinguish goods or services, and its value is not only the size of the popularity, but also its legitimacy. A registered trademark is worth more than an unregistered trademark.
The value of the brand mainly comes from the quality of the product and the trust of consumers.
3. The components of the trademark and the brand are different:
The components of a trademark mainly include: words, graphics, letters, numbers, three-dimensional signs, color combinations, and sounds, all of which are tangible.
The building blocks of a brand are made up of two parts: tangible and intangible. The tangible parts include: names, patterns, colors, words, symbols, etc.; The intangible parts include: brand communication, maintenance, management, sales, public relations, etc.
4. The time limit for the use of trademarks and brands is different
The statute of limitations for trademarks depends on the law, while the statute of limitations for brands depends on the market. Countries around the world have a certain number of years of use of trademarks, and China's Trademark Law stipulates that the term of use of trademarks is 10 years, and they can continue to be used through renewal after expiration.
Brands, on the other hand, are not the same, even if the law allows companies to continue to use them, if the market acceptance of the brand continues to decline, the brand loses its vitality and faces the risk of extinction.
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Legal analysisThe difference between a trademark and a brand is as follows: 1. A trademark is a legal concept, which is protected by the Trademark Law, and once registered, the right holder enjoys the exclusive right to use the trademark. And branding is an economic concept.
2. For enterprises, there are usually only a few brands, but trademarks can choose to register a series of trademarks. 3. The role of the trademark is to associate the goods with the enterprise and play the role of identification. The brand is related to the overall image of the enterprise, but the relationship between the trademark and the brand is also very close, and the company usually registers the brand as one of a series of trademarks.
In fact, it also proves that registering the brand as a trademark and protecting it with trademark law is the most convenient, effective and powerful way to protect the goodwill of the enterprise. Therefore, in a sense, a corporate brand and trademark can be the same, so people often equate the brand and trademark, in fact, the brand is broader than the trademark.
Legal basisArticle 123 of the Civil Code of the People's Republic of China Civil entities enjoy intellectual property rights in accordance with law. Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law with respect to the following subject matter: (1) works; (2) Inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) Commercial secrets; (6) Layout design of integrated circuits; (7) new varieties of plants; (8) Other subject matter provided for by law.
Article 444:Where property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights are pledged, the pledge rights shall be established when the pledge is registered. After the property right in the intellectual property right is pledged, the pledgor shall not transfer it or Kaifeng may permit others to use it, except for the agreement between the pledgor and the pledgee. The price obtained by the pledgor from the transfer or licensing of others to use the property rights in the pledged intellectual property rights shall be paid off or deposited with the pledgee in advance.
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Brands and trademarks are two different concepts, and while they share some similarities, their meanings and uses are different.
Brand generally refers to the image, reputation and popularity of an enterprise's goods or services in the market. Brand is a comprehensive embodiment of a corporate image, including the name, logo, slogan, image, reputation, reputation, culture and other aspects of the enterprise, which represents the values, ideas and culture of the enterprise. With the increasing homogeneity of market competition, an enterprise's products, quality, technology, management, channels, services and processes are easy to be copied and imitated by competitors, but competitors cannot copy a brand.
A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator, such as graphics, letters, numbers, symbols, colors, etc. A trademark is an intangible asset of an enterprise, which is used to protect the business identity and intellectual property rights of the enterprise, and can help the enterprise establish and protect its brand image in the market.
2.A brand can include the name, logo, slogan, image, reputation, reputation, culture and other aspects of the enterprise, and the trademark is only a part of it, which is mainly used to identify the goods or services of the enterprise. 3.
Brands can help companies establish and maintain their image and reputation in the market, while trademarks are mainly used to protect the business identity and intellectual property rights of enterprises. 4.A trademark can obtain legal protection through registration, while a brand cannot obtain legal protection directly through registration, but a business can protect its brand image through the use of a trademark.
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1.A trademark is a legal concept that is protected by the Trademark Act. Once a trademark is registered, the right holder enjoys the exclusive right to use the trademark. Branding is an economic concept.
2.For businesses, there are usually only a few brands, but trademarks have the option to register a range of trademarks.
3.The function of a trademark is to associate the goods with the enterprise and play the role of identification. The brand is related to the overall image of the enterprise.
But trademarks are also very closely related to brands. Businesses usually register their brand as one of a series of trademarks. In fact, it has also proved that the most convenient, effective and powerful way to protect the goodwill of an enterprise is to register the brand as a trademark and protect it with trademark law.
Therefore, in a sense, a company's brand and trademark can be the same, so people tend to equate the brand and trademark. In fact, brand extension is broader than trademarks.
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Difference Between Brand and Trademark: A trademark is a part of the symbol and name of a brand. A brand is a comprehensive symbol, and it also includes a part of the trademark.
Trademarks belong to the legal category, and brands belong to the concept of the market. Trademarks are more about legal applications and legal use of publicity, and branding is to help better sales and build customer loyalty. The ownership of the trademark is in the hands of the enterprise, and the ownership of the brand is in the hearts of customers.
The trademark right belongs to the enterprise, and the brand is in the hearts of consumers.
Article 3 of the Trademark Law of the People's Republic of China is a registered trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.
For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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