Currently, in everyday life and the media, we easily come across the terms "trademark" or "brand". Many people can get confused between these two concepts, however, being neccessary to confirme that the nature of these terms are very different. Besides, because of having been legalized so the registration and protection of a trademark are specified in the Law on Intellectual Property while the brand protection are often more complex and it requires integrated measures.

Trademark is a legal term which is stipulated in the Law of Vietnam and international treaties on/ concerning Intellectual Property, is presented by signs such as letters, numerals, drawings, photographs, color or the combination thereof in order to distinguish the goods or services of a business organization or individual from those of others. Therefore, every business organization or individual can use and file the applications for registration of trademarks for their goods or services depending on the business needs of each category of goods or services and/or each specific area, provided that they meet the statutory requirements. In fact, there are transnational company owns hundreds of trademarks, for example, Honda has had a lot of trademarks used to it's different products: SH,PCX, Air Blade, ...

Other to Trademark, Brand is mostly not specified in law but it is fairly common even sometimes it is abused. Brand is usually refered to a group of factors which show the reputation and competitiveness of a business or a product/ service. In many cases, a brand may consist of trademarks/ geographical indications/ trade name of a company. However, these objects often have to be widely known or should have reached a certain reputation in the market. Brand of a company often includes intellectual property objects such as trademarks, copyrights and other objects without intellectual property rights such as reputation, quality, service mode, customer care of that company.