Distinguishing between trademarks and brands under current Intellectual Property Law?

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Distinguishing between trademarks and brands according to current Intellectual Property Law?

Trademarks and brands are two concepts often confused in business and legal contexts. Under current Intellectual Property Law, a trademark is a sign used to distinguish goods and services of different organizations or individuals. Meanwhile, a brand is the image and reputation a business builds in the market. This article will help you understand the differences between trademarks and brands, as well as the legal regulations related to each concept.

What is a trademark?

According to regulations in Clause 16, Article 4 of the Intellectual Property Law 2005 Regulations on specific trademark concepts are as follows:

A trademark is a sign used to distinguish goods and services of different organizations and individuals.

Accordingly, a trademark is a sign used to distinguish goods and services of different organizations and individuals.

What is a brand?

"Brand" is a term that is quite commonly used today. When people mention a brand, it is always associated with its value.

Because a brand is called the same name as a trademark, these two concepts are often confused with each other. The brand will have characteristics such as:

- Brands are formed from the process of production, sales and use of products. If goods and services are widely used and recognized, the brand will become famous and valuable.

- Brands are not protected by law but are only recognized by society and consumers.

- Trademarks do not have visible signs in the form of letters, words, drawings, or images like trademarks.

- It is impossible to determine the exact time of existence of a brand.

3. Distinguishing between trademarks and brands according to current Intellectual Property Law?

Criteria	Brand	Trademark
Register for protection	Protected by law. Register for protection at the National Office of Intellectual Property and take effect at the time the protection certificate is granted.	Not protected by law. Built and developed by the enterprise itself.
Identification signs	There are recognizable and visible signs in the form of letters, words, drawings, and images.	There are no specific identifying signs. Formed in consumer awareness.