Brand vs Trademark: Difference and Comparison

Nowadays, we are more comfortable and reliably buying branded items in the market. This brand name gives us assurance of the purity and best quality of the material.

Starting from hair clips to shoes, we always prefer the name of the manufacturer on the top. But in today’s world, every person wants to be successful in a short time interval.

So as a result, the duplication or copying of brand names is very common. To prevent that, a new term emerged called a trademark.

So to understand them, some basic differences between brands and trademarks are discussed.

Key Takeaways

1. A brand is the overall identity of a company, product, or service that distinguishes it from its competitors.
2. A trademark is a symbol, word, or phrase used to identify and distinguish the source of goods or services.
3. A brand is an overall identity, while a trademark is a specific symbol or word used for identification.

Brand vs Trademark

A brand is the symbol, logo representing a product or services, deals with overall reputation and perception of a company and organization. A trademark is the legal protection provided to a special product or service of a brand that separates it from other brands and companies.

The manufacturer or owner of the organization gives the brand name. It is normally given to make the products of the company differentiable by the name.

This brand name is very much attached to the customer’s reliability and assurance of the quality of the products. But many times, other sellers copy that name to make their product as famous as the original.

The trademark is the symbol, phrase, word, or design related to the brand’s name. This trademark is the original identity of a brand.

This is a unique thing that is only mentioned for a single organization. Any other seller or manufacturer cannot copy a trademark. The duplication is illegal, and punishment can be ordered if found guilty. Every trademark is a brand.

Comparison Table

Parameters of Comparison	Brand	Trademark
Definition	It is a name given by the owner, or manufacturer	It is a name, sign, or symbol that is registered under the law.
Nature	All brands are not trademark	All trademarks are brand
Objective	It is for the identification of the products and the company in the market	It is issued to prohibit duplication of the product.
Used by	This can be used by other manufacturers and sellers	This is only used by the owner or manufacturer who has a registered trademark under the law.
Punishment applicable	If someone copies a brand name, no legal action can be taken against him.	If a trademark is duplicated, then legal action can be taken against him.

What is a Brand?

The manufacturer or owner of the organization gives the brand name. It is normally given to make the products of the company differentiable by the name.

This brand name is very much attached to the customer’s reliability and assurance of the quality of the products. But many times, other sellers copy that name to make their product as famous as the original.

The brands emerged as reorganization to a product but now become an important part of a successful business.

The brand name is not legally authorized and can be used by any other person or company to increase its sale.

Nowadays, people believe in branded products more than local items to ensure quality most of the time.

Brand names are normally given concerning the products the company or organization is developing. This name has a deep meaning in it, which is very tough to understand.

The style and design of the word also depend on this factor. So before choosing a brand name, one should be very conscious by considering the company’s main product.

Every trademark is a brand. The trademark is mostly attached to the brand as it signifies it by its unique word, phrase, design, or symbol. 

What is Trademark?

The trademark is the symbol, phrase, word, or design related to the brand’s name. This trademark is the original identity of a brand. This is a unique thing that is only mentioned for a single organization.

Any other seller or manufacturer cannot copy a trademark. The duplication is illegal, and punishment can be ordered if found guilty. Every trademark is a brand.

The trademark is unique to every brand. One can duplicate the brand name but must change the trademark of the brand; otherwise, if the brand files a report on them, they can be under legal acts.

It is illegal to copy a trademark. So one can observe the brand’s name in local markets but must verify the symbol on it. This is to make sure that no other person can hamper the popularity and reliability of a particular brand.

So before setting a trademark for one’s company, one must research through the trademarks of the brand and should change that to avoid illegal circumstances.

A trademark is a very sensitive point as it highlights the product quality, customer’s belief, the company’s assurance, and the brand’s popularity in the market.

Main Differences Between Brand and Trademark

1. A brand is a name given by the owner or manufacturer, and on the other hand, a trademark is a word, phrase, or symbol that is registered under the law.
2. All brands are not trademarks, but all trademarks are brands.
3. The brand is for the identification of the products and the company in the market, while a trademark is issued to prohibit duplication of the product.
4. Other manufacturers and sellers can use a brand. In contrast, trademarks are only used by the owner or manufacturer who has a registered trademark under the law.
5. If someone copies a brand name, no legal action can be taken against him, but on the other hand, if the trademark is duplicated, then legal action can be taken against him.

References

1. https://journals.sagepub.com/doi/abs/10.1509/jm.09.0339
2. https://www.journals.uchicago.edu/doi/abs/10.1086/467138

Last Updated : 13 July, 2023