The difference between a trademark and a brand is: a trademark is a legal concept protected by trademark law, while a brand is just an economic concept. Once a trademark owner registers a trademark, he or she enjoys the exclusive right to use the trademark. Others cannot register and use the trademark again without permission. For enterprises, they can have several brands, but they can only have a series of trademarks. The difference between a trademark and a brand is:
1. A trademark is a legal concept, which is protected by the Trademark Law. Once registered, the obligee enjoys the exclusive right to use the trademark. And brand 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 function of a trademark is to associate products with enterprises and serve as a logo. The brand is related to the overall image of the enterprise, but the relationship between trademark and brand is also very close. Enterprises usually register the brand as one of a series of trademarks. In fact, it has been proved that registering a brand as a trademark and protecting it with trademark law is the most convenient, effective and powerful way to protect an enterprise's goodwill. Therefore, in a sense, a corporate brand and a trademark can be the same, which is why people often equate brands and trademarks. In fact, a brand is broader in extension than a trademark.
1. Different objects. A trademark is the logo and name part of a brand. A brand is a comprehensive symbol, which also includes the trademark part.
2. The categories are different. Trademarks belong to the legal category, while brands belong to the market concept. Trademarks are more about how to apply legally and use them legally for publicity. Branding helps with better sales and builds customer loyalty.
3. Ownership is different. The trademark is in the hands of the company, while the brand is more in the hearts of customers. Trademark ownership belongs to the enterprise, and the brand is in the minds of consumers.
4. Legal protection is different. Trademarks can be protected by law, but brands that have not obtained trademark rights through registration are not protected by law.
Brand is related to the overall image of the enterprise, but the relationship between trademark and brand is also very close. Enterprises usually register the brand as one of a series of trademarks. In fact, it has been proven that registering a brand as a trademark and protecting it with trademark law is the most convenient, effective and powerful way to protect an enterprise's goodwill.
Legal basis: Article 3 of the Trademark Law of the People's Republic of China. Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; trademark registration Everyone has the exclusive right to use a trademark and is protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.