The difference between a trademark and a brand:
1. The objects are different. A trademark is the logo and name part of a brand, while a brand is a comprehensive symbol that 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.
Trademark is a specialized legal term. After a brand or part of a brand is registered by the relevant government departments in accordance with the law, it is called a "trademark". Trademark right is the abbreviation of trademark exclusive right, which refers to the exclusive right that the trademark user enjoys in accordance with the law on the trademark used. It is the right of a trademark registrant to control its registered trademark in accordance with the law and prohibit others from infringing upon it, including the trademark registrant’s exclusive right to use its registered trademark, the right to income, the right to dispose of, the right to renew, and the right to prohibit others from infringing.
Brand refers to consumers’ awareness of a certain type of product and product series. The essence of a brand is that the brand owner's products, services or other advantages over competitors can bring equal or higher value to the target audience than competitors. The values ??include: functional benefits and emotional benefits. In a broad sense, "brand" is an intangible asset with economic value. It uses an abstract, unique, and identifiable mental concept to express its difference, and thus occupies a certain position in people's consciousness. Brand building is long-term. In the narrow sense, "brand" is a kind of "standard" or "rule" that has both internal and external aspects. It makes it unique, valuable, and long-term by standardizing and regularizing the four aspects of concept, behavior, vision, and hearing. A general term for a recognition system of sex and cognition.
Legal Basis
Trademark Law
Article 3: 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 origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. 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.
Article 56: The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.