Trang chủ » Difference between Brand and Trademark

Difference between Brand and Trademark

31/05/2023 - 93

Thblaw.com.vn

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Article 4(16) of IP Law states: “Mark means any sign used to distinguish goods or services of different organization or individuals”.

Mark

Mark is any sign used to identify and differentiate one company’s goods from those produced by another.

Brand

Brand is most common word in mentioning the reputation and value of a business. However, it cannot be used interchangeably with trademark despite of the identicality and similarity between them. Moreover, the concept of brand does not guarantee legal protection against illegal use when trademark does.

  • Brand is formed based on customer perception during the business operation and it will get higher and more valuable reputation when goods/services of that brand become popular.
  • Brand is not legally protected.
  • Brand is not avisible sign in form of letters, words, image or drawings.
  • Brand cannot accurately determine the duration of its existence.

Difference between Brand and Trademark

Criteria Trademark Brand
Registration for protection Trademark can be legally registered for protection in IP Viet Nam and it shall have a validity starting from the grant date.   Brand cannot be guaranteed legal protection.
Recognizable sign Trademark is avisible sign in form of letters, words, image or drawings. Brand is not avisible sign in form of letters, words, image or drawings.
Duration Trademark has a validity of 10 years and can be renewable. Brand does not have exact duration of existence.  
Function Trademark is used to identify and differentiate one company’s goods from those produced by another Brand is used to build the reputation and value of a business.

Ngoc Anh Tr.

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