Difference between Brandmark and Trademark

Difference between Brandmark and Trademark

We are habitual of using the phrase 'Brand' in our day to day lives. In fact, this term is often used to recognise a business identity. However, there is another word with a very similar meaning but with a difference in its character. The term is 'Trademark'. So, if this ever occurs to you that what is the difference between brandmark and trademark, you are at the right place for answers. 

 

In today's article, we will be discussing the difference between brandmark and trademark. Before discussing differences, let us be clear about the meaning of both terms.

 

BRAND: 

The word 'Brand' has been defined as "The marketing practise of creating a name, symbol or design that identifies and differentiates a product from other products" or "A Brand is an intangible marketing business concept that helps people identify a company, product, or individual". 

 

However, it is that part of the brand which cannot be spoken.  

 

Also, registration of a brandmark with the government provides a legal frame and protection that can be called a trademark. 

 

It is one of the features of the trademark that we will discuss later in this article. While discussing the difference between brandmark and trademark, there is no such thing as brandmark registration specifically. 

 

For registration of brandmark, this facility is provided by the government in trademark registration in combined form. When we talk about the registration of a brand, you can register your company with the provided legislation, either specific or combined. 

 

If you manufacture your product, you can get a trade license for trading with that brand name. By the requisite license, I mean – GST Registration, Trade License and FSSAI license. With this in mind, you can do this through government websites by filling the forms provided by the government. Therefore, to get any license from the government, you need to pay an amount prescribed by the government. 

 

A license will provide you with assurance that your business is registered with the government and is legal. But this will not restrict people from copying your brand name, which is one feature of a brand that brand mark has no legal protection. 

 

We will discuss later in this article while discussing the difference between brandmark and trademark. In fact, the license will provide legality to the transactions you do in the business. Therefore, it is not termed as an offence by law. 

 

TRADEMARK:

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. 

 

Trademark can be anything sign, symbol, tagline, anything that creates a difference between your product and a rival company's product. 

 

In India, trademark registration online can be done by an individual, body corporates, partnership firms, who consider them proprietors of that unique sign. 

 

Registration of a trademark can be done online through the website ipindiaonline.gov.in. For this purpose, you have to select the option of trademark registration and fill an application form with the necessary details about brandmark and other required information. 

 

After that, you have to pay a requisite fee decided by the government that is a minimum of Rs 9000/- and submit that form online. Further, it will go to the government examination. 

 

After some time, if the government verifies your application, your brandmark will approve. Next, you will get legal protection from theft. Therefore, except for you, nobody can use that trademark in business until you provide authority for the same. 

 

If you register your trademark in India, your mark is protected in India. However, only outside this territory of India, any person from other countries can use that unique thing. For that, you can register your brand globally. There are certain other features present which differentiate brandmark and trademark. 

 

Also, a few features show similarities which we will discuss in this article further:

 

 

 

 

 

DIFFERENCE BETWEEN BRANDMARK AND TRADEMARK

Features	Brandmark	Trademark
Defination	Brandmark is the marketing practice of creating a name, symbol, or design that identifies and differentiates a product from other products	A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises
Usage and length of usage	Brandmark can be used by many other manufacturers and sellers and has no specific term of usage	Trademark can only be used by the individual, body corporates, etc who registered for it and it can be used for 10 years after registration.
Legal Protection	Don't have any legal protection as such, if anyone uses your brandmark except you, you cannot take any legal action against that person.	Does have legal protection if anyone without your provided authority uses the trademark you can take legal action against that person.
Registration	Specific registration of brandmark does not exist, it is included in trademark registration	Specific registration of a trademark is available and after registration of brandmark, it is termed as a trademark.
Category	It is not specifically termed as intellectual property hence not protected by any authority.	It is specifically termed as intellectual property hence protected by the government.
Scope	All brandmark is not a trademark.	All trademark is brandmark.

 

 

SIMILARITIES BETWEEN BRANDMARK AND TRADEMARK

 

Characteristics	Brandmark	Trademark
Meaning	The meaning of brand indicates a sign, symbol, phrase, logo, etc, anything which distinguishes a product from other products of the same category.	The meaning of trademark indicated any phrase, logo, sign, symbol, etc, which creates a difference between two products.

 

From the above two tables, it can be seen that there is only one similarity between both the terms. Both the terms talk about the identification of business and create a thin line of difference between two products from each other.

 

Trademark is the term that gained its importance after the technology got advanced, but before that people have been using the term brand. Trademark is a bit technical, while brandmark is pure commercial in nature.

 

To conclude, this article provides you with thorough knowledge regarding brandmark and trademarks. Also, discussed differences and similarities between both the terms.

 

By: Monika Verma