Building and protecting Vietnamese export brands - 2

has a large consumption volume, market share, wide product consumption range, the brand has been used for a long time, the reputation and trust of the business are accepted by the public . However, currently there is no unified regulation among countries on the above standards for a product to be recognized as a famous branded product.

b. History of the brand

The use of a mark on goods by manufacturers from the early Roman period to identify the maker of the goods is known as the first use of a trademark in commerce. The mark guaranteed the authenticity of the goods and allowed uneducated consumers to distinguish them as they were traded over a wide area from Europe to the Middle East. By the time

In the Middle Ages, the most commonly used seal was the seal of the guild of artisans. Only members of the guild were allowed to use this seal. The guild seal represented the quality standards and prices agreed upon by the artisans in the guild.

Thus, both of the above initial forms of branding have carried the main roles of trademarks, with distinct signs to affirm the quality of goods to consumers, naming the manufacturer. Until the industrial revolution, brands became extremely important assets of each company, the brands of companies are considered to account for a very high proportion of the total assets of the company - usually over 50%, in many cases that number can be higher than 90%. The increasingly developed society leads to changes in consumer habits, especially when participating in e-commerce, customers and distributors will conduct transactions through the internet, so it is impossible to use the traditional way of considering to decide to choose goods, the only basis for making the final decision is based on the brand of the goods. Thus, the brand has changed from a sign function to a symbol, from expressing which company's product it belongs to to the function of stimulating customers' recognition and association with just a simple message through a logo or writing.

Consumers looking at the brand of a product can recognize which company the product belongs to, what its quality and features are, and whether it is suitable for their needs. Thus, a brand is not simply designing a logo, letters, colors, or a combination of them to create a unique image and then registering it. A brand is only truly what it is when it fully utilizes the word "trade" in "trademark", performs a commercial function, is able to convey information about the product and the message the manufacturer wants to send, and commits to consumers about the quality of the product. Thus, to have a brand that fully utilizes its roles, it is necessary to have a strategy.

Long-term investment and construction strategy and the core factor to build, maintain and develop a brand is still quality reputation, along with appropriate marketing strategy.

c. Brand functions

Two main commercial functions of branding

that is:

-First, the guarantee to consumers.

-The second is the function of advertising and informing consumers of a specific product.

Legal function: evidence to avoid trademark disputes.

“Guarantee” is the main function of a brand because it connects people

consumers with the manufacturer, affirming the real quality of the goods. Thus, in the consumer's mind, there is already a record, evaluation of the value, and benefits that they can receive if they buy that branded goods, which means that customers trust the goods with that brand. Therefore, consumers will not feel at risk when buying that item, because the quality that the goods bring has been quantified. Not only is there the ability to guarantee one item, but many other items with that brand are also more easily accepted by consumers, especially when launching new products. This can be clearly seen in companies with large and long-standing reputations in the market, using the same brand symbol for many items. And it also encourages new customers to try the product because branded goods make consumers feel that the quality of the goods will be guaranteed, reducing the risk for them when buying for the first time.

In terms of advertising function, it is much clearer, the brand is the simplest way to say what this item is, which manufacturer it is from and what quality consumers can expect from that product. To perform this function well, the brand design aspect plays a very important role.

important, impacting the senses of consumers in a strong and deep impression so that it can be kept for a long time in their memory, highlighting the uniqueness and difference compared to competitors' brands.

d. Distinguish brand from some other related concepts

Trademarks (Article 785 of the Vietnamese Civil Code) are signs used to distinguish goods of the same type from different production and business establishments. Trademarks can be words, images or a combination of elements expressed in one or more colors, names, words, signs, symbols, drawings or a combination of them, used to identify goods or services to distinguish them from similar products of competitors.

Trademark is a concept used in Vietnamese legal documents and practices today, similar to the English concept of "trademark" in international law. Trademark is used in legal documents of countries with the meaning of a registered trademark participating in commercial activities to clarify the role of the trademark in commerce. Therefore, normally, a trademark is considered an unregistered trademark, meaning it is not considered intellectual property because it has not been granted a certificate of intellectual property rights. In addition, if looking from the practice of widespread use of trademarks up to now, most people often use logos (images or writings) as the only symbol for a manufacturer's goods.

protect goods from counterfeiting, or it is effective when language or writing is not capable of expressing. The logo is registered and becomes the exclusive trademark of that enterprise. For companies that apply the brand strategy of "unified trademark", "collective trademark" or a combination of the two above (mentioned in section II.2.a "brand strategy", the distinction between trademark and brand will not be limited to the level of legal registration). Therefore, it is possible to define a brand as a legally protected trademark or part of it. A trademark protects the company's absolute right to use the name or sign of the symbol. The general trend is that companies often have many brands, but the brand rarely changes - the brand is registered exclusively for the business to use one or a few related product groups, so the brand logo and trade name of the company are often printed on the product label to further affirm the individuality and increase the difference of the product.

The distinction between trademark and brand will be clearer when considering famous trademark and famous brand. Legally, famous trademark not only means reputation but also must have comprehensive scientific assessment by relevant state agencies, not just simply the sensory assessment of consumers . A business with a famous trademark

(ie known by many people) does not necessarily meet the standards to be evaluated by the state as a famous brand. A famous brand must certainly be accompanied by a few famous brands, but with a famous brand, it cannot be affirmed that it is a famous brand. Therefore, building a brand also means building private brands for the company's goods and legally registering the brand. When the company has in hand the ownership of a prestigious brand, it will create extremely favorable conditions when launching new product brands.

Product label : a set of languages, numbers, and symbols printed, embossed, or firmly attached, attached, or pinned onto goods or packaging to display essential information about the goods. Specific instructions on: name, type, basic technical parameters, manufacturer, place of manufacture, expiration date, and instructions for use. Often includes the trademark. Labeling of goods is a mandatory requirement under the laws of each country.

A trade name is not a mark. A trade name is a word, name, symbol or combination of them that identifies a company. A trade name can also be a brand if the company uses its trade name as a trademark.

Community trade marks are trademarks registered at the European Trademark Organization and jointly protected in 15 countries participating in this organization.

Production marks are marks used by trade guilds in Europe to distinguish goods produced by the guild and to prove that the goods were made by artisans.

Trade dress is also a type of sign, referring to the overall image and impression that consumers have of a product through the appearance or even the shape of the product's packaging. The brand is expressed through the elements of the trade dress, these elements are also protected if they are separate signs. For example, the two colors white and red are the unique characteristics of the Coca-Cola product packaging.

Certification mark : certification of origin of goods

or previously registered services. It includes: regional name, locality or origin, combination of raw materials, production method...

Generic name: commonly used to name a group of products or services, such as “personal computers” or “mobile phones”. No one can have trademark rights to a generic name.

Geographical indication : a name, sign, symbol or image used to indicate a country or a territory, shown on goods, packaging or documents for trading goods, to indicate that the goods originate (are produced in the above country or territory) and that the quality, prestige or reputation of the goods is mainly due to their geographical origin.

Appellation of origin of goods is a special type of geographical indication, which is the geographical name of a country or locality where the goods are produced and sold.