Difference Between Trademark And Brand Name

A successful business strongly influences its products or services on markets and customers. Apart from this, it also protects its identity at every stage with various legal steps. In the business world, a common confusion usually confuses business owners and customers – what is the difference between trademark and brand name? However, these two terms are often used interchangeably, yet hold different meanings and purposes.

In this blog, we will discuss the difference between both terms, their importance, legal impacts, and share examples to clarify the difference between brand name and trademark. At the end of the blog, you will understand how each term has a significant role in your complete business planning. Let’s explore the blog.

It is a clear fact to every business owner and marketer that developing a strong business identity in the marketplace is important. But what is the simplest way to promote and protect that identity? Here are two unique elements: one is your brand name, and the other is your trademark. Although the terms may look similar but they provide different purposes.

Before moving to the differences between both, let's understand each term and its significance.

A brand name is a public identifier of the company. It’s the name on your products, your website, and all your advertising materials. The brand name is your initial point of contact with your customers. It summarizes the values of your company, mission, and overall essence.

For instance, names such as Apple, Fed-Ex, and Coca-Cola are not only familiar names but also evoke certain feelings and values of quality, innovation, and tradition.

An impactful name can differentiate your company in an oversaturated marketplace. It cultivates customer loyalty, trust and even turns into a verb associated with products or services. Your brand name can be your greatest asset today in a competitive world.

• Recognition: A unique and attractive brand name helps the customer to remember your company.
• Differentiation: It effectively sets your products or services apart from others.
• Emotional Bonding: An effectively created brand name is capable of provoking emotions and an intense sense of connection with your intended target.
• Market Positioning: Your company’s brand name is one of the main elements of its positioning within the marketplace.

A trademark is an officially recognized word, symbol, logo, phrase, or composite of these indicators that makes products or services stand out from another company. You enjoy special rights by using a
trademark, and no one can access a similar or identical trademark for their products or services at the risk of facing legal sanctions.

Some of the most important advantages of trademark are given below-

• Exclusive Use: After you register a trademark, you can exercise the exclusive right to use that mark for the specified goods or services.
• Brand Integrity: Trademarks preserve the integrity of your brand since competitors cannot copy your brand identity..
• Legal Recourse: If your trademark is used by another person without your consent, you can move to legal action.
• Asset Value: Trademarks are valuable assets. They can be sold, licensed, or pledged as a guarantee.

The difference between trademark and brand name is mainly related to their purpose and operations –

• Brand Name: It is about developing the identity and market perception of your business. It is a planned asset that builds reputation, market presence, and encourages customer.
• Trademark: It is about offering legal protection to a business.

A brand name represents who you are in the marketplace, but a trademark legally protects the representation of a brand, preventing others from unlawful access to it.

Some important differences –

• Brand Identity vs. Legal Rights: A brand name is the thought and perception behind your business, whereas a trademark is a legal claim ensuring competitors’ brand names or other elements, are not misused.
• Use in Marketing vs. Use in Law: A brand name is used to advertise your products in the market and build a bond with your targeted audience. However, a trademark is meant for legal contexts and protects your marketing investment.

Having in-depth knowledge of the trademark and brand name difference is important for several reasons –

1. Defending Your Investment: If you spend time and money creating a brand, you must have legal protection to protect that investment. A trademark prevents others from profiting from your efforts.
2. Transparent Communication: By separating your brand name from its legal protection, you are able to more effectively plan your marketing and legal compliance.
3. Neglecting Infringement: Misconception of such terms can trigger unintended trademark infringement. For example, applying a previously trademarked word or logo of another company might end up being disputed in the courts.

• Brand Name: “Amul” represents simplicity, innovation, and quality. It is a name that connects emotionally with customers.
• Trademark: The Amul logo – a baby girl – is a trademark that is legally protected across the world. Other companies cannot use a similar logo or design in the context of their product advertisements.

The above-mentioned example simply displays the difference between brand name and trademark linked in the strategic and legal areas, respectively.

If you are searching for the difference between trademark and brand name in practical ways, observe the following steps:

• Identify Key Elements
•  Detailed Market Research
•  Consult a Professional
•  Long-Term Vision

Once you’ve decided on the elements you wish to protect, the next step is registering them as trademarks. The process typically involves:

1. Conducting a Trademark Search
2.  Filing an Application
3. Review Process
4. Approval and Registration

It is necessary to understand the difference between trademark and brand name in establishing and preserving your business. Your brand name is the name that identifies your business among your customers, but a trademark provides the legal safeguarding that is required to protect that name. Knowing the distinction between trademark and brand name will enable you to make good decisions regarding how to promote your business and secure your intellectual property.

Moving with caution the fundamentals of brand development and legal protection, you make sure your company is well positioned to survive and grow in a competitive business environment. The distinction between brand name and trademark may appear inconsequential at first glance but has profound implications for your company’s future success. Adopt both facets of developing a solid, known, and protected brand that will endure the test of time.