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Nowadays, most people prefer branded products over local ones. But, this wave of brand love also comes with a high probability of duplication. A trademark is something that protects brand names from being duplicated or copied. However, the words ‘trademark’ and ‘brand’ are often used interchangeably. Let’s discuss the various factors you must consider to distinguish between a brand and a trademark.
A trademark is a unique symbol, logo, design, or word that distinguishes it from other businesses or products of similar nature. A trademark not only distinguishes the product or brand from each other but also protects the interest of the product owners and helps avoid confusion and duplicity. An individual, legal entity, or company can own a trademark.
A brand name is a name that a company gives to the products and services that helps the consumers identify them and also evokes the consumer’s emotions and imagination. It includes the character, reputation, identity, image, culture, personality, etc.
While trademarks and brands are often used interchangeably, it's important to understand their distinct roles. A trademark is a legal protection for a specific symbol, word, or phrase, while a brand represents the overall perception and value of a business.
To succeed, businesses need a strong foundation in both. A trademark provides legal protection, preventing others from using your unique identifiers. However, a brand is built through marketing, customer experience, and reputation.
By neglecting either trademark or brand, businesses risk vulnerability to competitors or a limited market reach. A strong brand without trademark protection can be easily imitated, while a trademark without a strong brand may struggle to resonate with consumers.
Here’s a list of the types of brand names -
Here’s a list of the trademarks and their types
A trademark is a name used by a company to differentiate its products from other similar products. However, a trademark is a legal name given to a brand or product that helps protect the brand name from duplicity and protects the uniqueness of a product or brand’s identity. In other words, a trademark provides legal protection to the brand owners. Let’s look at the factors that can be considered to distinguish between brand and trademark.
| Parameters | Brand | Trademark |
|---|---|---|
| Scope | Not all brands can be trademarks. A brand is a name that provides a unique identity to a company. | A trademark is a legal protection that protects the brand's identity from being copied. |
| Association | The brand name is associated with the work environment and the purpose and reputation of the brand. | A trademark is associated with a logo, color combination, and logo. |
| Legal Difference | The brand name is not related to legal matters. It is chosen by the brand owners depending on the brand's product, image, reputation, etc. | A trademark usually represents the legal identity of your products and services. |
| Limitations | A brand name cannot be used for a different business in the same state. For example, if a brand is registered in Rajasthan, it cannot be registered again in the same state. However, the same brand name can be used in another state. | A trademark protects the brand name from being used even in a different state. For example, if a brand is registered in Rajasthan but is trademarked, it cannot be used elsewhere. |
| Time Duration | There is no expiry date for a brand name. A brand name can last for as long as you want it to. | A trademark is valid for 10 years. However, it can be renewed on completion of tenure. The registrar notifies the owner before the expiration of the trademark. |
| Use | Any other person or manufacturer can use a brand name. There is no legal punishment for using a brand name multiple times. | Another person who cannot use a trademark. Only the person who legally registers the trademark can use it. |
| Legal Identity | A brand name does not provide the company with legal recognition. It is used for marketing the product. | A trademark is a legal identification of a company’s products or services. |
| Legal Protection | A brand name is not protected legally and can be used by any person. | Whereas a trademark is legally protected and cannot be used by another person. |
| Examples | Ford, Ralph Lauren, Kellogs | Netflix, IBM, Google, NBC |
Now that you know the difference between a brand and a trademark, you can go ahead and get your trademark registered. However, trademark search and registration can seem a little tedious to laymen, but don’t worry, Tax2win’s eCA service can assist you with this. Book a CA now!
Yes, you can use a brand name without a trademark. However, doing so comes with certain risks.
Without a trademark, your brand name is not legally protected. This means that others can potentially:
Brand names and trade names are often used interchangeably, but there's a subtle disparity between them.
Brand name typically refers to the name given to a specific product or service. It's the part of the brand that consumers directly interact with. On the other hand, a trade name is a broader term that encompasses the name under which a business operates. It can include the brand name, but it also covers the overall business entity.
Brand is a broader term that encompasses the overall identity, reputation, and perception of a company, product, or service in the minds of consumers. It's about creating a unique and memorable impression. On the other hand, a trademark is a legal protection that specifically safeguards certain brand elements, such as names, logos, slogans, or symbols, from unauthorized use by others. It's a legal tool to prevent confusion in the marketplace.
Yes, a brand name can be trademarked. A trademark is an IP that protects brand names, logos, and designs from getting copied and provides them with a unique identity exclusive to their owners.
Trademarks help avoid the possibility of duplication and legal complications. Trademarks allow customers to identify businesses by their unique names and logos and help create a brand image and increase the brand’s goodwill.
The trademark owner can sell it or transfer its rights in India. The trademark can be sold through the trademark assignment process. The trademark owner can sell it to any individual or legal entity.
A brand is a product or service identity that distinguishes it from other products, making it easy to promote and market.
There are three types of brands. These are company brand, personal brand, and product brand.
