8 Major Difference between Brand and Trademark

 

Nowadays, purchasing a branded item in the market is more convenient and secure. This brand label assures us that the material is pure and of the highest quality. We prefer the manufacturer's name on the top of everything from hair clips to shoes. However, in today's environment, everyone aspires to be successful in a short period of time. As a result, brand name duplication or copying is quite prevalent. To avoid this, a new term was coined: trademark registration online.  But, what is the difference between Brand and Trademark.

 

What is a brand?

This 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 individual 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?

It is a trademarked trade name, logo, colour, sound, or phrase that connects a corporation to its services or products. The main benefit of 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.

 

What Are the Differences Between Brand and Trademark?

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 safeguards

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

 

Scope

All trademarks are brands, even if not all brands are trademarks.

 

Fundamental Idea

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

Initialism (initials of anything), Descriptive (name with product benefits), Foreign word (word from another 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, arbitrary, and suggestive trademarks (strongest and protected trademarks), just descriptive, descriptive, and generic (weakest trade marks), and trade name are all forms of trademarks (identifying company as a whole).

 

Legal Difference 

The brand name isn't a legally recognised name. It's only a brand name for one of the company's products. A trademark, on the other hand, is a legal representation of a company's products and services.

 

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 protect your brand so that competitors can’t use the same description which can confuse the consumer.

 

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. But, 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. It also provides security for the government.

 

Duration of use

Unless and until your brand name prohibits at the local level or is in use 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 year by filing an Affidavit of use," according to the ten-year period.

 

Frequently Asked Questions

Is there a difference between a brand and a trademark?

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 is a registered trade or brand name, logo, colour, sound, or phrase that distinguishes a firm from its services or products.

What are the four different types of brands?

Brands come in a variety of shapes and sizes, but the four most popular are corporate brands, personal brands, product brands, and service brands.

In India, how can I register a brand name?

• Make a decision on your distinct brand name and logo.
• Perform an internet search.
• Complete the trademark application form.
• I'm submitting an application for a brand name registration.
• Examining your application for a trademark registration.
• Publication in trade mark journals in India.

Is it possible for me to register a trademark on my own?

Yes, it is possible for a person to file a trademark registration online without hiring an attorney, especially when all of the necessary laws and standards are in place. Any layperson who wishes to register a trademark may do so.

 

Conclusion

From the perspective of a marketer, trademark and brand are inextricably intertwined and cannot be separated. A trademark gives legal protection for a brand. While a brand can be defined as the representative aspects of a company's corporate image. It builds and develops through time via generating trust. 

Companies should use trademark protection to protect the capital investment they made in developing their brand. 

The owner of a registered trademark has significant advantages over the owner of an unregistered trademark, who often has difficulty proving the existence and scope of his or her rights.