Trademark and Advertisement as Promotion and Communication Tools: Similar but not Identica

Abstract

Trademark and advertisement can effectively promote business, and in turn increase sales. They help consumers to identify a subject matter within the economic market. They are also effective marketing and advertising tools that help business entities build business reputation locally or internationally. Through advertisements, consumers can build more trust and confidence in subject matters with reputable trademarks compared to those without trademarks. An owner of a trademark needs to satisfy the legal obligations of the Trademark Law, Advertisement Code of Practise and Malaysian Communications and Multimedia Content Code. This study investigates the similarities and differences of trademark and advertisement in terms of their functions, requirements and the applicable documents that govern them. The research is exploratory in nature, and adopts a qualitative approach in collecting and interpreting the data involved. Trademark may be regarded as a form of advertisement, but advertisement is never considered a trademark. Both are governed by different regulations. It is easier to satisfy the requirements of the Trademark Act than the Advertising Codes. Advertising firms must exercise care in producing advertisements. A successful trademark could potentially be marred by a distasteful advertisement, for example.