Trademark refers to the combination of words, graphics, letters, numbers, three-dimensional signs and colors, and the commodity marks that distinguish their own goods or services from other goods or services by producers and operators of the above combinations. When using a trademark, it should be marked with "R" or "Note" to indicate a registered trademark.
Brand is a collective concept, which mainly includes brand name, brand logo, brand logo and brand role. Brand name refers to the combination of words, letters, numbers or phrases that can be addressed (read) in language, also known as "product name". Brand logo refers to the part of a brand that can be recognized and easily remembered but cannot be addressed by words-including symbols, patterns or obvious colors or fonts, also known as "product labels". Trademark is the whole brand, brand symbol, brand function or combination of various elements, and its exclusive right is protected by law after registration. Brand role is a way to express brand with human or anthropomorphic signs.
One view is that a trademark is not the whole brand, but only a sign or mark of the brand, that is, the logo part of the brand, or that a trademark refers to the logo of the brand, which is convenient for consumers to identify. Therefore, the main function of a trademark is the basic communication element, because the trademark has been registered, and the main function of a trademark should include legal protection. Another view is that a trademark is a brand registered in the government, and its exclusive right is protected by law. The difference between a brand and a trademark is that a trademark can be protected by law, while a brand that has not obtained the trademark right through registration is not protected by law. Therefore, a trademark is a brand that has been registered to obtain the exclusive right to use a trademark and is thus 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, which emphasizes the protection of the legitimate rights and interests of producers and operators.
Brands and trademarks are enterprise names and their symbols, which are used to identify different kinds and different quality products of different producers and operators. A trademark is not only a symbol or symbol, but also a part of a name or appellation. 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, the design of brands and trademarks is to distinguish the source of goods, facilitate consumers to identify goods and facilitate competition. It can be seen that brands and trademarks are the basic elements of communication.
Brand in a narrow sense refers to the trademark registered by the enterprise itself. Brand and trademark are basically mixed in our country, or the words "trademark" and "brand" are almost universal, and there is not much difference, because trademarks in our country are divided into "registered trademarks" and "unregistered trademarks". Trademarks have a long history in China. As early as the Song Dynasty, there were physical graphics, but the brand was not mentioned for a long time, but in the last decade or two. The administrative department for industry and commerce has been managing trademarks for more than 50 years. After entering the period of socialist market economy, the appellation of trademarks is used less and brands are more. With a large number of foreign brand products and their marketing methods entering China and international marketing being introduced into China, the brand concept is emerging. In addition, brands and trademarks can also be transformed. If the brand is transformed into a trademark after obtaining the exclusive right to register, it has legal significance.
It is with the help of the legal function of the trademark that the interests of the brand beyond the value of the product itself are protected.
Well-known brands are closely related to well-known trademarks, and well-known brands must be based on well-known trademarks. Well-known trademarks are recognized by legal means, and only through legal procedures can they have social foundation and legal rationality.
If a brand is not stronger and bigger, it is just a trademark or symbol, and the value-added effect is not 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 enterprises, and they are recognized by well-known brands and well-known trademarks, indicating that brands have been recognized by consumers. Well-known brands are superior to other brands in terms of technical content, price and service, which reflects the quality of an enterprise. At the same time, well-known brands and trademarks will bring benefits to enterprises, which is directly linked to the benefits of enterprises.
Trademark and brand are actually two sides of the same problem:
(1) From the market point of view, brands accumulate market benefits.
(2) From the legal point of view, protect the accumulated market interests of brands through trademarks. Therefore, only by transforming a brand into a trademark can its accumulated market interests be protected by law. However, when a brand is converted into a trademark, a certain fee must be paid. Some enterprises are unwilling to pay this fee, so their brands are not protected by law.
(3) In terms of quantity, the number of brands and trademarks is not equal; A trademark is a part of a brand, and it is a part of the brand's exclusive right to use a trademark. If a brand wants to survive, be long, long, far and big, it must be transformed into a trademark. Only when it is protected by law can the brand continue.