Difference between Brand and Trademark (What, Why When)

 Brand and Trademark are two majorly crucial things for a company to operate successfully. The brand helps to build the reputation of a company. On the other hand, a trademark makes sure that your business runs legally and no one sells fake products or services under your name.

But when you think of both of them together, it is in the best concern to get your brand registered legally by doing Trademark Registration Online .

What is the difference between Brand and Trademark?

Firstly, a brand name only includes words or phrases. However, a trademark can be a logo, symbol, sign, colour or a combination of all.

A brand is a name chosen by the owner itself for its products. But, A trademark is a mark registered with the trademark authority that legally represents the business goods and services.

One mistake everyone makes is assuming that a trademark and brand are the same. But to your interest all trademarks are brands, but not all brands are a trademark.

A brand name represents your image in the market, while a trademark makes sure that no one infringes the uniqueness of your business without your permission.

Why is Brand and Trademark important?

A brand name is a corporate name that builds over time among your customers. It can be in bad terms or good depending upon the quality of service you provide.

A trademark is a legally registered mark which authenticates your originality and helps in building up customer trust. 

A brand name benefits the customers in identifying the goods and services in the market.

A trademark protects the features of your products and services from being stolen by competitors.

Anyone can use a brand name without the permission of the owner. However, no one can copy a registered trademark, or they are liable for punishment by the law.

When to use a Brand or Trademark?

You can use a brand name as soon as you start producing your goods and services. However, get your brand name registered into a trademark when you feel it is unique. Also, if you think someone else may try to steal or copy it.

Anyone can use a brand name without registering it. But, as soon as you decide to make it legal, you can start using the TM sign with it after applying to the trademark authority.

Once you register your mark without any objection from authority and the public and receive the trademark certificate, then you can use the R in the circle symbol with your registered mark, logo, name, phrase, whatever it is.

Example 

A famous brand example of the difference is Nike (the American multinational corporation), known for its sports shoes, apparel, services, and whatnot have its Nike swoosh registered as a trademark and uses the Nike name as the brand.

Conclusion

To conclude, it is advisable to get your brand register as a trademark as soon as possible. Therefore, no one can have any time to steal or copy or harm your reputation by selling fake products under your name.

Also, if you are thinking to do trademark registration later after business commencement, suppose after 2-3 years, you may have to face the consequences. 

For instance, someone else already has the mark of your brand name registered under their name. At that time, you will have to surrender your logo/symbol/name. 

Also, all the efforts you made to make your brand successful over the past years will go in vain with the name.