Difference Between Brand and Trademark (With Table)

Nowadays we are more comfortable and reliable to buy the branded item in the market. This brand name gives us assurance of the purity and best quality of the material. Starting from hair clips to the 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 brand and trademark are discussed.

Brand vs Trademark

The difference between the brand and trademark is that the brand name can be used by many other manufacturers and sellers, but the trademark is only legally used by the owner who had registered that. So all trademarks are brands, but all brands are not a trademark. The brand name is given by a manufacturer or owner, but the trademark is formed by the owner or manufacturer but has to be registered under the law.

The brand name is given by the manufacturer or owner of the organization. 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. Trademark cannot be copied by any other seller or manufacturer. The duplication is illegal, and punishment can be ordered if found guilty. Every trademark is a brand.

Comparison Table Between Brand and Trademark

Parameters of ComparisonBrandTrademark
DefinitionIt is a name given by the owner, or manufacturerIt is a name, sign or symbol that is registered under the law.
NatureAll brands are not trademarkAll trademarks are brand
ObjectiveIt is for the identification of the products and the company in the marketIt is issued to prohibit duplication of the product.
Used byThis can be used by other manufacturers and sellersThis is only used by the owner or manufacturer who has a registered trademark under law.
Punishment applicableIf 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 Brand?

The brand name is given by the manufacturer or owner of the organization. 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 became 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. As 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 main product of the company. 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. Trademark cannot be copied by any other seller or manufacturer. 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. Trademark is a very sensitive point as it highlights the product quality, customer’s belief, 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. A brand can be used by other manufacturers and sellers. In contrast, trademarks are only used by the owner or manufacturer who has a registered trademark under 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.

Conclusion 

The difference between the brand and the trademark is very thin, like a string, but if not understand properly, it can lead to major causes. So this small space gap should be researched before setting the trademark of one company. The trademark is the main highlight of a manufacturer in the market.

The trademark is registered, and it mostly contains the brand name, logo, symbol, design, phrases by the owner, etc. A brand is also a very vital word in the commercial markets for a manufacturer and company to reach the pinnacles of success. 

References 

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