In manufacturing, business, and commerce, “brand” and “trademark” are two familiar concepts that are often confused. So, how can we accurately distinguish between a brand and a trademark? Let’s explore this in detail with KMC Consulting Co., Ltd. through the article below!

From a Legal Perspective

From a legal standpoint, a trademark is a legal concept governed by intellectual property law. Ownership rights to a trademark are established when the owner registers it and receives a protection certificate from the Intellectual Property Office.

In contrast, a brand is more commonly used in the fields of marketing and business management. Unlike a trademark, a brand is not an object protected by intellectual property rights.

Simply put, a trademark is legally protected by intellectual property laws, while a brand is not legally recognized in the same way.

phân biệt nhãn hiệu và thương hiệu

Criteria for Differentiating Between Trademark and Brand

To clearly understand how a brand and a trademark differ, we need to analyze specific criteria. The table below will help you compare these two concepts in detail and with ease.

 

Evaluation Criteria

Brand

Trademark

Concept

– A distinctive sign (both tangible and intangible) used to identify the products or services of an individual or organization.

– Developed through the business process and use of products/services, recognized and widely used, confirming competitiveness and market position.

– According to Clause 16, Article 4 of the 2005 Intellectual Property Law: a sign is used to distinguish goods or services of different organizations or individuals.

– It includes words, images, or a combination of both, presented in one or more colors.

Form

– It is an intangible asset, not easily recognized by the naked eye.

– It is associated with various factors such as quality, packaging, customer service, price, and customer perception.

– Tangible signs that are easily recognizable by the naked eye, such as letters, words, images, and colors.
Duration– Not protected by law but can exist indefinitely if the product/service remains trusted and in demand.– The protection period is 10 years, with the possibility of multiple renewals, each for 10 years.
Value– Cannot be specifically valued as it is tied to factors such as reputation and the quality of the product/service.– It is an asset that can be valued after registration and protection at the Intellectual Property Office.
From a Legal Perspective– It is not subject to intellectual property protection in Vietnam.– It is protected by intellectual property rights under Vietnamese law.
Possibility of Infringement– It cannot be copied or imitated because it depends on consumer trust and choice.– It has a high risk of infringement due to the signs being easy to copy for profit.

In practice, both brands and trademarks play a crucial role in identifying products or services. However, a brand has intangible and long-lasting value, while a trademark is an asset protected by law with specific and tangible characteristics.

Risks of Not Registering a Trademark for Foreign-Invested Companies

Failing to register a trademark is a common mistake made by many businesses that focus solely on building their brand. This is a significant risk, as competitors could recognize the business potential of your brand and quickly register a trademark identical to your brand’s identity. As a result, all of your brand-building efforts could be lost.

Additionally, legal disputes related to trademarks are often complex, time-consuming, and costly. In such cases, the party holding the trademark registration certificate from the Intellectual Property Office usually holds the advantage. Therefore, to ensure sustainable development, businesses, especially foreign-invested companies, should prioritize registering their trademarks to safeguard their legal rights and protect the value of their brand.

phân biệt nhãn hiệu và thương hiệu

Understanding the distinction between a trademark and a brand is also crucial, as the trademark serves as the legal element that protects the brand from the risk of infringement or unauthorized use.

Business Consulting Services for Foreign-Invested Companies

KMC is proud to be a trusted partner for both domestic and international investors. With in-depth legal knowledge and extensive practical experience, we not only ensure compliance with legal regulations but also assist clients in addressing issues related to distinguishing between trademarks and brands. This is a crucial factor in building a sustainable business strategy.

Reasons Why KMC is Always Trusted and Chosen by Clients

  • Diverse and Professional Experience: With extensive experience in legal matters and business management, KMC’s team of experts provides not only accurate consulting solutions but also ensures dedication in every service offered.
  • Optimized and Transparent Process: We focus on simplifying procedures, from preparing documents and filing applications to monitoring progress, to help clients save time and effort.
  • Comprehensive Consulting: KMC offers comprehensive support services, including changes to business license information, business expansion, trademark registration consulting, and updates on other necessary information.
  • Consulting Team Always by Clients’ Side: Committed to ensuring the highest level of satisfaction, we are always ready to assist clients with dedication, speed, and efficiency.

Benefits Clients Will Receive When Using KMC Services

  • Ensured Timely Execution: KMC commits to providing fast and effective solutions, especially in urgent situations that require quick handling.
  • Optimized Time and Resources: KMC offers business consulting services that help companies offload complex tasks, allowing you to focus fully on core business activities.
  • Reduced Operating Costs: Outsourcing services from KMC is a more cost-effective option compared to maintaining an in-house team. You will save on expenses related to personnel, training, insurance, management, office space, and necessary equipment.
  • Exceptional Service Quality: KMC’s team of experts not only possesses high levels of expertise but is also continuously updated on the latest legal and market trends.

Differentiating between a trademark and a brand is a crucial factor in shaping a long-term development strategy for businesses. A proper understanding and effective application of these two concepts will help companies enhance their competitiveness and establish a strong market position.

If your company requires in-depth support on strategic, legal, or management consulting, let KMC accompany you. With our experienced team of experts, we are committed to providing optimal solutions that help foreign-invested businesses develop sustainably in Vietnam. Contact KMC now for professional and comprehensive consulting!