Brand and trademark are a pair of concepts that are easily confused. Some companies mistakenly believe that a product becomes a brand after registering a trademark. In fact, the two are both related and different. Sometimes, the two concepts can be equivalently substituted, and sometimes the two concepts cannot be confused; a brand is not completely equivalent to a trademark, and a trademark is not completely equivalent to a brand.
Trademark (TradeMark) refers to the combination of words, graphics, letters, numbers, three-dimensional signs and colors, as well as the combination of the above elements that producers and operators use to distinguish their goods or services from other goods or services. product mark. When a trademark is used, it should be clearly stated with ?R? or ?notation?, which means a registered trademark.
Brand is a collective concept, which mainly includes four parts: brand name (BrandName), brand logo, trademark (BrandMark) and brand role. Brand name refers to the combination of some words, letters, numbers or phrases in the brand that can be called (read out) in language, also known as "product name". Brand logo refers to the part of the brand that is recognizable and easy to remember but cannot be described in words, including symbols, patterns or obvious colors or fonts, also known as "brand logo". A trademark is an entire brand, brand logo, brand character or combination of elements whose exclusive rights are protected by law after registration. Brand personas are ways of using human or anthropomorphic logos to represent your brand.
One point of view is that the trademark is not the whole brand, but just a sign or mark of the brand, that is, the logo part of the brand. In other words, the trademark refers to the brand logo, which is easy for consumers to identify. part. Therefore, the main function of a trademark is an essential element of communication, and since, a trademark is registered, legal protection should be included in the main function of a trademark. Another view is that a trademark is a brand registered with the government and protected by law for its exclusive rights. The main difference between brands and trademarks is that trademarks can receive legal protection, while brands that have not obtained trademark rights through registration are not protected by law. Therefore, a trademark is a brand that has obtained the exclusive right to use a trademark through registration and is protected by law.
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 that emphasizes the protection of the legitimate rights and interests of producers and operators.
Brands and trademarks are business 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 a name or appellation part. In the process of brand registration to form a trademark, these two parts are often registered together and are protected by law. In the marketing practice of enterprises, brands and trademarks are used to distinguish the source of goods, facilitate consumers to identify goods, and facilitate competition. It can be seen that brands and trademarks are basic elements of communication.
A brand in a narrow sense refers to a trademark registered by an enterprise itself. Brand and trademark are basically used interchangeably in my country, or in other words, the terms "trademark" and "brand" are almost universal and there is not much difference, because Chinese trademarks include "registered trademark" and "unregistered trademark". divided. Trademarks have a long history in China. There were physical graphics as early as the Song Dynasty, but the brand was not mentioned for a long time, only in the past ten or twenty years. The administrative departments for industry and commerce have managed trademarks for more than 50 years. After entering the socialist market economy period, trademarks were used less often and brands were used more frequently. The brand concept emerged with the introduction of a large number of foreign brand products and their marketing methods into our country and the introduction of international marketing to our country. In addition, brands and trademarks can be transformed. If a brand is registered and obtains exclusive rights, it will be converted into a trademark, which will have legal significance.
It is with the help of the legal role of trademarks that the interests generated by the brand beyond the value of the product itself are protected.
Well-known brands and well-known trademarks are closely related, and well-known brands must be based on well-known trademarks. Well-known trademarks are recognized through legal means and are recognized through legal procedures before they have social foundation and legal rationality.
If a brand does not become stronger and bigger, it will be just a trademark or logo, and its value-added effect will not be obvious. Only by striving to become a well-known brand can its added value continue to increase. Well-known brands and well-known trademarks have a direct interest relationship with the enterprise. Obtaining the recognition of well-known brands and well-known trademarks means that the brand has been recognized by consumers.
Well-known brands are superior to other brands in many aspects such as technological content, price and service, which reflects the quality of an enterprise. At the same time, well-known brands and well-known trademarks will bring benefits to enterprises and are directly linked to enterprise benefits.
Trademarks and brands are actually two aspects of the same problem:
(1) From a market perspective, brands accumulate market benefits.
(2) From a legal perspective, trademarks are used to protect the market interests accumulated by the brand. Therefore, only when a brand is converted into a trademark can its accumulated market interests be legally protected. However, when a brand is converted into a trademark, a certain fee must be paid. Some companies are unwilling to pay this fee, and their brands will not be protected by law.
(3) From a quantitative perspective, the number of brands and trademarks is not equal; a trademark is a part of the brand, and it is the part of the brand that has obtained the exclusive right to trademark. If a brand wants to be viable, long-lasting, long-lasting, far-reaching, and big, it must be transformed into a trademark. Only by obtaining legal protection can the brand continue.