Distinction between mark and brand

Distinction between mark and brand

There is a fact that many individuals and organizations believe that mark protection registration is also brand protection registration. However, according to the current law, there is no term for brand protection. Brand protection in the conventional sense is a marketing concept which has a larger connotation than mark – that is, beyond the name, the logo; brand also contains abstract elements such as impression, emotion, popularity, etc. In order to distinguish marks and brands more clearly, Dream Law would like to give out some analysis about the differences below.

Firstly, on the legal aspect:

  • Mark as defined in Clause 16, Article 4 of the Intellectual Property Law 2005 amended in 2009 is a sign which is used to distinguish goods or services of different organizations and individual It is one of the objects protected by the Intellectual Property Law.
  • Nonetheless, brand, at present, has no definition in Viet Nam Intellectual Property Law, but we can understand it as a long-term effort of businesses which is recognized by consumers.

Secondly, on the matter aspect:

  • Mark is a tangible thing that customers can see on the product, which helps them distinguish goods.
  • Brand is an intangible thing, which is judged by the quality of its products, customers’ trust and its reputation.

In conclusion, we can understand mark as an expression of brand. An enterprise may have many marks on their products, but a brand is made up of tangible things like marks and intangible things, which is the trust and prestige of that enterprise.

To have more consultancy about trademark protection or other related intellectual property legal issues by Dream Law, please contact: 024 6653 9546

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Dream Law LLC, Ltd.

Add: 401, No. 68, Phan Ke Binh road, Cong Vi ward, Ba Dinh district, Hanoi.

Hotline: 02466539546

Email: dreamlawllc@gmail.com

Website: https://dreamlaw.vn/

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