Difference Between Brand and Trademark

Edited by Diffzy | Updated on: July 19, 2022

       

Difference Between Brand and Trademark Difference Between Brand and Trademark

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Introduction

Nowadays, purchasing a branded item from a store is more convenient and trustworthy than ever before. The use of this brand name provides us with confidence that the material is of the highest purity and quality. From hair clips to shoes, we always like the name of the maker to be shown prominently on the packaging.

Today's environment, on the other hand, demands that everyone achieve success in a short period. As a consequence, the replication or cloning of brand names has been quite popular in recent years. To prevent this from happening, a new word was coined: trademark. To better grasp them, several fundamental distinctions between brand and trademark are explained.

Simply said, your brand identity is what the general public sees as representing your company's reputation, and your trademark is what legally protects the features of your brand against infringement.

A common misunderstanding is that the phrases "trademark" and "brand" may be used interchangeably, although this is not correct since each term has very unique meanings.

When comparing trademarks and brands, it's helpful to note that all trademarks are also brands, but not all brands are also trademark.

Specific phrases or words that are crucial to your company, such as your slogan, maybe legally protected via the use of trademarks. Also known as trade dress, these aspects are the creative elements that combine to create the image of a certain product or service for a company.

Brand vs. Trademark

The main difference between a brand and a trademark is that a brand name may be used by a variety of different producers and merchants, but a trademark can only be lawfully used by the owner who has registered it. As a result, all trademarks are also brands, but not all brands are trademarks. The brand name is provided by the manufacturer or the owner, while the trademark is created by the owner or the manufacturer and must be registered with the appropriate authorities.

The producer or the organization's owner chooses the name for their product or service. It is usually offered to distinguish the goods of a firm from one another. This brand name is strongly associated with the dependability of the consumer and the guarantee that the items are of high quality. However, other merchants often replicate that moniker to make their goods as well-known as the original. This is a brand name that refers to goods and services provided by a firm that elicits favorable pictures and feelings in the minds of its customers and prospects.

Personality, culture, identity, image, character, reputation, and essence are all characteristics that contribute to the creation of a brand. As a result, the value of a brand is decided by the factors listed above. Because of their importance, brand names are often protected by the relevant firms, failing which the brand's components may be freely utilized by others. Brand names are typically safeguarded by the respective companies. A brand name does not give any legal protection against external usage, but it does convey a perceived value that only the brand can supply, as well as acknowledgment of the brand's origins.

A trademark is a symbol, phrase, word, or design that is associated with a company's brand name. This trademark represents the original identity of a company or product. This is a one-of-a-kind feature that is only referenced to a specific business. Any other seller or maker will not be able to copy your trademark. A court may mandate a fine or another penalty if the duplication is deemed to be unlawful.

Every trademark is a brand in its own right. This is a trademarked trade or brand name, logo, color, sound, or phrase that is used to distinguish a company's services or goods from those of other companies. The primary benefit of a trademark is the legal protection it affords a firm; as a result, a company may take legal action against a person who uses the brand name without the company's permission. A trademark may be used to get legal protection for a variety of things, including words, brand names, signatures, color schemes, gestures, packaging, and sounds, to mention a few examples of things.

Difference Between Brand and Trademark in Tabular form

Table: Brand vs. Trademark
Parameters of Comparison
Brand
Trademark
Definition
 It is a moniker provided by the owner or producer of the product.
 It is a legally protected name, sign, or symbol that has been registered with the government.
Nature
 All brands are not protected by trademarks.
 All trademarks are registered trademarks.
Objective
 Essentially, it is used to distinguish the items and the firm in the marketplace.
It is awarded to prevent the product from being duplicated.
Used by
 
Other producers and merchants may make use of this information.
 
 This is only used by the owner or maker of a trademark that has been legally registered with the government.
Punishment applicable
 If someone replicates a brand name, he or she will not be subjected to legal consequences.
 If a trademark is copied, the person who did it may be subject to legal consequences.

What is Brand?

A brand is a guarantee that the product will function by the expectations of the buyer. It influences the expectations of customers towards the product. Brands are often protected by a trademark, which prevents them from being imitated by others. A brand communicates specific information about an organization, a product, or a service, distinguishing it from competitors in the marketplace.

The brand assures the features that distinguish the product or service from the competition. A strong brand is a way of making people aware of what a business represents and what services and products it has to provide.

A brand is a product, service, or idea that is publicly distinguishable from other goods, services, or concepts for it to be readily conveyed and, in most cases, promoted to the general public. A brand name is the name of a product, service, or idea that is distinguishable from others. Branding is the process of establishing and communicating a company's brand identity. Branding may be applied to the complete company's identity as well as to specific product and service names and names and numbers.

Trademarks and service marks are normally obtained through an authorized agency, which is usually a government entity, to protect brands from unauthorized use by others. Before applying a trademark or service mark, you must show that no one else has previously earned a mark in your company's name.

Although you may do the research yourself, it is typical to employ a trademark law company that specializes in conducting trademark searches and handling the application process, which takes around a year in the United States of America. Once you've determined that no one else is using your brand name as a trademark, you may begin using it as a trademark by simply claiming that it is a trademark (using the "TM" where it first appears in a publication or Web site). Following the receipt of your registration, you will be able to use the registered sign following your trademark.

Logos, or visual representations of a brand, are often used to communicate the message of the brand. An example of extensive brand use in the computer industry was the "Intel Inside" branding, which was recently offered to manufacturers that utilize Intel's microprocessors.

The brands of a firm, as well as the public's knowledge of such brands, are often considered when appraising a company. Market research firms are sometimes hired by corporations to conduct studies on public recognition of brand names as well as attitudes toward the brands.

What is a Trademark?

A trademark refers to a "brand" or "logo" in general.

A trademark protects the particular, one-of-a-kind name, logo, and symbols associated with your goods or company. Business names, symbols, logos, sounds, and even colors that are indicative of one unique brand may be protected under trademark law.

Consider Reese's peanut butter cup packaging, which is red-orange in hue and is trademarked. Consider the bite-marked apple that has become synonymous with Apple laptops; that symbol has been trademarked. Consumers immediately recognize the brand and product because of the unique orange hue and the well-known Apple logo. Your trademark will be valid for ten years before you must renew it.

A company name, unique catchphrases, taglines, or captions may all be registered as trademarks.

When utilized and marketed properly, a trademark may become a company's most valuable asset. Coca-Cola, HP, Canon, Nike, and Adidas are examples of trademarks that function as indicators of product origin as well as quality.

It is also necessary to register the company name/trade name as a trademark under the Trademarks Act. The mere fact that a company or business name has been registered under the Companies Act does not guarantee that others would not use identical or similar marks.

A trademark is a design, symbol, word, or phrase that identifies your goods' origins and differentiates them from those of other businesses.

The phrase "Coca-Cola," "Coca-Cola" written in stylized writing, and the original curving Coca-Cola bottle shape are all trademarks.

A service mark is a trademark for a business that specializes in providing services. Both trademarks and service marks are often referred to as "trademarks."

Every brand has its trademark. One may copy a brand name but must update the brand's trademark; otherwise, if the brand files a complaint against them, they may face legal consequences. It is against the law to plagiarise a trademark. As a result, although the brand's name may be shown in local marketplaces, the sign on it must be verified. This is to ensure that no one else may jeopardize a brand's appeal and trustworthiness.

So, before registering a trademark for one's business, one should investigate the brand's trademarks and make any necessary changes to prevent any legal ramifications. The trademark is a particularly delicate topic since it emphasizes product quality, consumer confidence, corporate certainty, and the brand's market appeal.

Main Differences Between Brand and Trademark in Points

  • A trademark, while representing your firm's image and operations in the public view, legally protects those characteristics of your brand that are distinctive and particular to your company.
  • A brand is a name supplied by the owner or maker, while a trademark is a term, phrase, or symbol that has been registered with the relevant authorities under the relevant legislation.
  • All brands are not trademarks, but all trademarks are brands, and all brands are trademarks.
  • A brand is used to identify items and companies in the market, while a trademark is used to prevent the copying of a product in the marketplace.
  • Other producers and retailers may utilize a brand's name and logo. Trademarks, on the other hand, are only used by the owner or producer who has a legally protected trademark registration.
  • It is not possible to take legal action against someone who duplicates a brand name, however, it is possible to take legal action against someone who copies a trademark.
  • While a brand does not have any legal protection against unauthorized use by others, a trademark does have legal protection against unauthorized use by others.
  • In its most basic definition, your brand is your image. It is the perception and opinion of your firm held by the general public. A trademark is a distinctive component of your brand that has legal protection since it is a distinguishing feature that distinguishes you from others.

Conclusion

However, while the distinction between a brand and a trademark is thin, like a string, if not understood correctly, it may result in significant harm to the brand. To avoid confusion, this little spacing gap should be investigated before a single company's trademark is established. The trademark is the primary way that a manufacturer distinguishes itself in the marketplace.

While a brand is a name that is associated with products and services offered by a company and that elicits positive images and emotions in the minds of consumers, a trademark is a registered trade or brand name, logo, color, sound, or slogan that is used to distinguish a company from its competitors and to identify its services or products. Trademark brands must benefit from the legal protection they provide.

A brand name is a name given by a manufacturer or firm to a certain product or service, while a trademark is a term, phrase, symbol, or design that is distinctive and identifiable and that symbolizes a business or a particular product. One of the most significant differences between a brand name and a trademark is that a brand name is just a name (made up of words and phrases), but a trademark may be any combination of a name, a logo, a slogan, or any mix of these elements.

References

  1. https://journals.sagepub.com/doi/abs/10.1509/jm.09.0339
  2. https://www.journals.uchicago.edu/doi/abs/10.1086/467138

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