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Is a brand a trademark?

A brand is not a trademark. The difference between a brand and a trademark is as follows:

1. The concepts of trademark and brand are different:

(1) A trademark refers to a word made of , graphics, letters, numbers, three-dimensional logos, color combinations and combinations of the above elements, used in the classification of goods or services to distinguish the different sources of goods or services;

(2) Brand is a sign that gives An intangible asset that brings premium and added value to the owner. Its carrier is the name, term, symbol, mark or design and its combination used to distinguish it from other competitors’ products or services. The source of added value comes from The impression formed in the minds of consumers about its carrier;

2. Trademarks and brands have different sources of value:

(1) A trademark is a sign used to distinguish the source of goods or services , its value comes not only from its popularity, but also from its legitimacy. Registered trademarks are more valuable than unregistered trademarks;

(2) The value of a brand mainly comes from the quality of the product and the trust of consumers;

3. The relationship between trademarks and brands Different components:

(1) The components of a trademark mainly include: text, graphics, letters, numbers, three-dimensional logos, color combinations, sounds, etc., all of which are tangible;

(2 ) The components of a brand are composed of tangible and intangible parts. The tangible parts include: names, patterns, colors, words, symbols, etc.; the intangible parts include: brand communication, promotion, maintenance, management, sales, public relations, etc.;

4. Timeliness of use of trademarks and brands Different:

(1) The statute of limitations for the use of trademarks depends on the law, while the statute of limitations for the use of brands depends on the market;

(2) Brands are different, even if the law allows companies to continue to use them , but if the market acceptance of the brand continues to decrease, the brand will lose its vitality and face the risk of extinction.

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 and collective trademarks Trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are 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.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.