Difference between Trademark and Brand | What, Why and Reasons

 

When launching a firm, many decisions must be made, some of which must be made before and after the start of operations. Choosing a brand name is one of the most crucial considerations. While many individuals may not be able to tell the difference between trademark and brand, they are distinct in several respects.

 

What is a brand?

It is a brand name for a company's products and services that conjures up positive images and feelings in the consumer's mind. Personality, culture, identity, image, character, reputation, and essence are all components of a brand. As a result, the named elements define the value of a brand. 

Because of their importance, brand names are frequently protected by their corporations, and if they are not, the brand's aspects can be freely exploited by others. 

Although a brand name affords no legal protection against external usage, it does provide a perceived value that only the brand can supply, as well as recognition.

 

What is a trademark?

A trade name, logo, colour, sound, or phrase that connects a corporation to its services or products. 

The main benefit of a trademark registration online is that it gives a corporation legal protection, allowing it to take legal action against someone who uses the brand name without permission. 

Words, brand names, signatures, colour schemes, gestures, packaging, and noises, to name a few, can all be protected by trademarks.

Apart from the legal advantages of a trademark, other advantages include assurance of product and service quality, promotion of goodwill, improved branding strategy, and the ability to differentiate the trademark from comparable brands. 

To avoid legal action in cases where trademarked brand names are implicated, it is critical to conduct research on brand names before using them.

 

What Are the Differences Between a Brand and a Trademark?

Purpose

A brand is a term that links to a company's products and services and creates favourable pictures and feelings in the consumer.

A trademark, on the other hand, is a registered trade or brand name, logo, colour, sound, or phrase that distinguishes a firm from its services or products.

 

Legal Protection

While a brand does not have any legal protection against other individuals using it, a trademark does.

 

Fundamental Vision

Consumers use the brand name as a "memory heuristic," a quick and easy approach to recall the desired product or service. A brand's name is an important component. 

It is used to speak, write, or identify a product or service in order to distinguish it from others in the same group or category. 

The trademark should not be confused with the core concept of a brand name. The commercial source or origin of the items or services is linked to the trademark. 

It is referred to as a "badge of origin" in theory. In simple terms, a trademark is a legally protected brand name or portion of a brand name.

 

Types

Actual word (initials of anything), Description (name with product benefits), International word (word from some other language), Founder's name (names of real people), and Combination are only a few examples of brand names (combining multiple words to make one).

Service marks (source of goods), whimsical, random, and suggestive trademarks (strongest and protected trademarks), just descriptive, descriptive, generic (weakest trademarks), and trade name are all forms of trademarks (identifying company as a whole).

 

Association

The brand name is linked to the culture, personality, vision, and reputation of the company. Simply put, the brand name aids in answering the question "what is the company all about?" Packaging, symbol, and colour scheme are all trademarked. It will safeguard your brand by preventing competitors from using the same description, which could lead to consumer confusion.

 

Limitations

Your trademark name is only protected in the state where it is registered. It means that no one else can use your brand name in the same state. However, you can't stop other states from doing so in a different type of business or industry. The intellectual property that protects your brand identification by legally establishing that your mark is not being used elsewhere is known as a trademark. Also, it gives government protection.

 

Duration of Use

Unless and until your brand name is prohibited at the local level or is being used by someone else owing to non-registration, there is no time limit on how long you can use it. A trademark can be used for ten years and is protected throughout that time, according to the United States Patent and Trademark Office. 

"Renew between the fifth and sixth year following registration and within the year before the end of every ten years by filing an Affidavit of use," according to the ten-year period.

 

Why is it important to know the difference between Trademark and Brand?

Trademark registration online gives the legal protection of a brand awarded by the Trademark and Patent Office. A brand is a business image that develops over time. Also, has a reputation of excellence in the eyes of customers.

A brand aids in the identification of a firm and its products or services. A trademark aids in the prevention of competitors copying the brand image. Forging substantially similar identities to confuse the marketplace. 

These are some of them:

• Identity 
• Image 
• Personality
• Character 
• Culture
• Essence 
• Reputation

 

These factors, when considered collectively, establish a brand's market worth. 

Other people can use a brand that hasn't been registered or trademarked without the worry of being penalised. The unauthorized use of a trademark is punishable if it is registered.

The brand name is simply the moniker by which the company want to be recognised. Trademarks, sometimes known as service marks, are legal symbols that symbolise a brand, usually a business, and its goods and services. 

While the public recognises the company by its brand, the trademark protects certain characteristics of that brand. These include, but are not limited to, the following:

• The company's name
• Distinct labelling
• Signatures
• Words
• Symbols
• Packaging
• Colour palettes
• Sound or sensory impressions
• Movements

 

Reasons to Use a Trademark Instead of a Brand

A trademark or service mark is important to safeguard against your brand misappropriation. 

Marks can be used to prevent others from not just utilising your brand. Also, establishing one that is so similar to yours that it confuses customers. Moreover, leading them to believe they are purchasing a product linked with you. "Brand confusion" is the term for this situation.

Trademark protection is automatic. If you need to sue someone to protect your trademark, you will bear the burden of evidence to show that the mark was yours first.