Difference between trademark and brand

All trademarks are brands, while not all brands are trademarks. Many people are confused between the concepts of trademark and brand, believing that trademark refers to brand and brand refers to trademark. The difference between brand and trademark depends on its function.

Definition of trademark and brand

Regarding the differences between trademarks and brands, the first step is to look at the definition of these two. A trademark is a type of intellectual property right that protects a brand and is defined as a logo used to distinguish the source of goods or services, and consists of words or phrases, graphics, letters, numbers, 3D logos, sounds, colors, smell or a combination of these elements. A brand name is a name to differentiate a company or product from others, it is defined as an evaluation and recognition of a company and its products, after-sale services, and cultural values, which is a corporate image that builds over time and is a form of trust between companies and customers.
Generally the difference between a brand and a trademark is that a registered trademark is a legal concept, while a brand is a market concept. A brand may be registered in several classes with several trademarks, and a registered trademark can only be called a brand after it has been marketed.

The obtainment process is different

The difference between a brand and a trademark involves a different process of acquisition. To obtain a registered trademark, there are two options: first, the applicant prepares and submits the application documents, and then applies for trademark registration through the Trademark Office, and after the passing the formality examination, substantive examination and publication, and in compliance with the provisions of the Trademark Law, the registration will be granted and the registration certificate will be issued. If you think that the registration process is too long and don’t want to wait, you may obtain a registered trademark by trademark assignment or licensing.
As mentioned above, branding is a market concept that cannot be achieved overnight. It requires long-term efforts and precipitation by companies to obtain customers' recognition of a corporate brand from a series of business activities, such as strategic planning, identification of core concepts, branding scenarios, brand operations, and corporate investment in advertising and promotion.

Conclusion

Trademark and brand are indeed two different things. Trademark is an effective method to protect the brand, although people who are not familiar with trademark and brand are often confused that both of them mean the same, but in fact they are very different. The purpose of a trademark is to protect a brand from a legal aspect, while a brand is a reputable extension of a registered trademark. The main difference between them is that a trademark is a symbol of the origins of goods or services, while a brand is the spiritual aspect of a company's culture.

See also:
Global Trademark Registration Procedures and Fees