What Is a Trademark? A Detailed Look and the Difference From a Brand

WHAT IS A TRADEMARK? A DETAILED LOOK AND THE DIFFERENCE FROM A BRAND

In an era where copyright and intellectual property are increasingly valued, especially in business, clearly understanding “what a trademark is” has become extremely important. In Vietnam, this concept has only really drawn attention in recent years. However, for international businesses, a trademark has always been a necessary element to protect a brand. So this article will help you better understand what a trademark is, why you need to register one, the difference between a trademark and a brand, and the signs that indicate a brand has been granted a trademark.

What Is a Trademark?

A trademark, or nhãn hiệu, is a mark that has been granted intellectual property protection. However, not every mark becomes a trademark. A mark is only officially protected once it’s registered with an intellectual property authority. This ensures no organization or individual can use the mark without permission.

Registering a trademark protects a brand from infringement and lets a business grow with peace of mind. In addition, a trademark is also a tool that helps a brand last long-term and avoid legal disputes.

Why You Need to Understand What a Trademark Is and Register One

A trademark plays an important role in protecting a business’s reputation. To better understand what a trademark is, consider the example of Apple. If another company used the name “iPhone” for its own product, consumers could get confused, causing harm to Apple.

A trademark prevents others from taking advantage of someone else’s brand. So when a dispute arises, a business that owns a trademark can turn to the law to protect its legitimate rights.

The Difference Between a Trademark and a Brand

A trademark and a brand have some clear differences. A brand is the name, logo, or symbol a business uses to position itself in the market. A trademark, on the other hand, is the legal protection for those identifying elements. So a brand only becomes a trademark once registration is successful.

For example, a business can choose a product name, but only once the mark is registered for intellectual property protection is it protected by law.

A Brand Can Register Multiple Trademarks

A business can register multiple trademarks for different product lines. For instance, Apple doesn’t just have the iPhone — it also owns trademarks for the MacBook, iPad, and iMac. Even so, each product may be protected under its own distinct trademark.

Signs Indicating a Brand Has Been Granted a Trademark

Brands that have been granted a trademark usually carry distinctive symbols like ™, ®, SM, and ©.

• ™ is used with a logo, symbol, or slogan that has protection.
• ® is the symbol for a mark that has been officially certified.
• SM is reserved for businesses providing services.
• © is the symbol for products that have registered copyright, such as artistic works.

Conclusion

Registering a trademark doesn’t just help protect your brand — it also helps a business maintain its reputation and value in the market. This article has explained what a trademark is, why you need to register one, and the difference between a trademark and a brand. To protect your legitimate rights, contact AWE Legal, where we provide a comprehensive trademark registration service, helping you avoid disputes and effectively protect your brand.

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