品牌与商标的构件不同一般而言品牌构件比商标的构件丰富,商标的构件仅仅是静态东西,如图案和文字或是二者组合体。而品牌的构件则是由静态和动态两大部分组成,静态部分包括名称、图案、色彩、文字、个性、文化及象征物等;动态部分包括如品牌的传播、促销、维护、管理、销售、公关活动等。
2、品牌与商标使用区域范围不同商标有国界,品牌无国界。世界每个国家都有自己的商标法律,在一国注册的商标仅在该国范围内使用受法律的保护,超过国界就失去了该国保护的权利,也是说该商标不再具有排他性。
3、品牌实效取决于市场,而商标的实效则取决于法律世界各国对商标的使用都有一定的年限,如一些国家规定商标的使用年限为20年,我国商标法规定为10年,如果到期限还可以续展,而品牌则不同,即使法律允许你,但市场不一定接受你,品牌的生命力的长短取决市场,和经营者的能力。
4、商标要注册审批,品牌只需使用者可自己决定商标需要注册,必须经过法定程序才能取得,在注册成功之前称之为商标,宣称有独占性权利是不当的。一个标示,一个名称或两者组合能否成商标不取决于企业,而是取决于法律所属于的权利机构——商标局评审机构。品牌则不同,公司随便起一个名称或者请人设计图案就可以作为使用品牌,而且用不用、怎么用都不需要谁来批准。当然一旦选定一个品牌,还是尽量去注册,这等到品牌做大之后以防别人抢注成商标,因为不是商标不受法律保护。
5、二者延伸形式不同品牌发展到一定的程度可以从某一品类延伸到另外某一品类。如娃哈哈可以从一个营养液到果奶,再到纯净水等。品牌的延伸没有改变品牌,因为品牌的名称、标志和图案等没有改变。但按照我国商标法规定,当品牌延伸到一种新品类时,就必须作为一种新商标重新办理商标登记注册。因此商标延伸必须进行申请注册,并标明用于什么产品。
The components of brands and trademarks are different. Generally speaking, the components of brands are richer than those of trademarks. The components of trademarks are just static things, such as patterns and words or a combination of the two. The components of brands are composed of two major parts: static and dynamic. The static part includes name, pattern, color, word, personality, culture and symbols, etc.; the dynamic part includes brand communication, promotion, maintenance, management, sales, public relations activities, etc.
2. The scope of use of brands and trademarks is different. Trademarks have national boundaries, but brands have no national boundaries. Every country in the world has its own trademark laws. A trademark registered in a country is only protected by law within the country. If it exceeds the national border, it loses the right to protection by that country, which means that the trademark is no longer exclusive.
3. The effectiveness of a brand depends on the market, while the effectiveness of a trademark depends on the law. Countries around the world have a certain number of years for the use of trademarks. For example, some countries stipulate that the use period of a trademark is 20 years, while my country's Trademark Law stipulates that it is 10 years. If the period is reached, it can be renewed. However, brands are different. Even if the law allows you, the market may not accept you. The length of the brand's vitality depends on the market and the ability of the operator.
4. Trademarks need to be registered and approved. Brands only require users to decide whether to register a trademark. They must go through legal procedures to obtain it. It is inappropriate to call it a trademark before the registration is successful. Whether a mark, a name or a combination of the two can become a trademark does not depend on the enterprise, but on the legal authority-the Trademark Office Review Agency. Brands are different. A company can use a brand by just giving it a name or asking someone to design a pattern, and it does not need anyone to approve whether to use it or how to use it. Of course, once you choose a brand, try to register it. This is to wait until the brand becomes bigger to prevent others from registering it as a trademark, because it is not a trademark and is not protected by law.
5. The two have different extension forms. When a brand develops to a certain extent, it can extend from one category to another. For example, Wahaha can extend from a nutrient solution to fruit milk, and then to pure water. The extension of the brand does not change the brand, because the brand name, logo and pattern have not changed. However, according to the provisions of my country's Trademark Law, when a brand is extended to a new category, it must be re-registered as a new trademark. Therefore, trademark extension must be applied for registration and indicate what product it is used for.
The difference between Amazon registered trademarks and brands lies mainly in their different uses: a trademark is an identification symbol that helps consumers identify the manufacturer of a product, while a brand refers to the ideological asset that a product or company can be recognized and owned by consumers. In Amazon, you need to register a trademark first, and then register a brand to protect your product and company image.
On Amazon, registered trademarks and brands are two different concepts.
Registering a trademark means registering a trademark with the United States Patent and Trademark Office (USPTO), which allows the brand to have a unique trademark logo and prevent other companies or individuals from using similar or identical trademarks in the same field. On Amazon, registering a trademark can help brands get more brand protection, such as obtaining a higher brand weight when registering a brand on Amazon, thereby improving search rankings, and using more brand logos, such as adding videos or pictures on the brand page.
And branding means registering a brand on Amazon, through which a brand can have its own brand page on Amazon and enjoy a series of brand-related functions and services, such as brand registration, brand advertising, brand protection, etc.
Therefore, registering a trademark is registering a trademark with the USPTO, while registering a brand is registering a brand on Amazon. The two have different purposes and functions. If you want to build your own brand on Amazon, you can first register a trademark with the USPTO, and then register a brand on Amazon to get better brand protection and promotion.
They are different. Trademark registration has legal effect, while brand registration is only for the Amazon platform. Generally, you register a trademark first, and then register a brand on Amazon.