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Is a brand a trademark? How is it different from a trademark?

1. The concepts of brand and trademark are different

Brand is a market concept, while trademark is a legal concept. The definition of trademark in my country's Trademark Law is: "A trademark refers to a product used by a producer or operator on goods or their packaging in order to distinguish their goods from those of other producers or operators in the market. A mark composed of words, patterns, or a combination of words and patterns. "From a definition point of view, it seems to be no different from a brand. In fact, it is not the case. The biggest feature of a trademark is its exclusivity, which is achieved through law. Make a guarantee. Brand definition: It is a name, term, mark, symbol or pattern, or a combination of them, used to distinguish, identify and distinguish other organizations and their products or services, and to provide through their products or services The sum of the comprehensive experiences of all interest relationships, emotional relationships and social relationships. The biggest feature of a brand is its differentiated personality, which is verified by the market.

2. The components of brands and trademarks are different

? Generally speaking, brand components are richer than trademark components. Trademark components are just static things such as patterns and text or a combination of both. body. The components of the brand are composed of static and dynamic parts. The static part includes name, pattern, color, text, personality, culture and symbols, etc.; the dynamic part includes brand communication, promotion, maintenance, management, sales, etc. Public relations activities, etc. Brand is a composite concept, so its components are richer than trademarks.

? 3. Brands and trademarks have different regional scopes

?Trademarks have national boundaries, but brands have no borders. Every country in the world has its own trademark laws. A trademark registered in one country is only protected by law when used within that country. If it crosses national borders, it loses the right to protection in that country, which means that the trademark is no longer exclusive. Brands are different from trademarks. For example, "tiger" and its pattern are brands, and they are also brands in other countries. You can use it, and he can use it, but the owners are different.

4. The validity of the use of brands and trademarks is different

The effectiveness of brands depends on the market, while the effectiveness of trademarks depends on the law. Countries around the world have a certain number of years for the use of trademarks. For example, some countries stipulate that the use period of trademarks is 20 years, and my country's Trademark Law stipulates that it is 10 years. If the term is expired, it can be renewed. In fact, trademarks have permanent rights. Brands are different. Even if the law allows you, the market may not accept you. The vitality of the brand depends on the market and the ability of the operator.

?5. Trademarks must be registered and approved. Users can decide what brand they want.

The trademark here is a registered trademark and must go through legal procedures to obtain it. Before the registration is successful, it is called Trademarks, claiming exclusive rights are inappropriate. Whether a sign, a name or a combination of the two can become a trademark does not depend on the company, but on the legal authority - the Trademark Office review agency. Brands are different. A company can just choose a name and ask someone to draw a pattern to create a brand, and no one needs to approve whether it is used or not. Of course, once you choose a brand, you should try to register it until the brand becomes bigger to prevent others from registering it as a trademark, because trademarks are not protected by law. ?

In addition, the extension forms of the two are different. When a brand develops to a certain level, it can extend from one category to another. For example, Wahaha can go from a nutrient solution to fruit milk to pure water. The brand extension does not change the brand because the brand name, logo and pattern remain unchanged. However, according to the provisions of my country’s Trademark Law, when a brand extends to a new category, it must be re-registered as a new trademark. Therefore, a trademark extension must be registered and indicated for what product it is used for.

In general, a brand is not equal to a trademark. Reference: Baidu Library:/link?url=7MeD3IWARnY5qdd5-iMKiaDfMYoobvpQR674_pemZ0zlWK5HLSwBIBTsUzdchC1fQUSADf8joSQIumePSBfPkSK22tnSYSaRkGpOp1tAFlG