Many decisions are made when starting a business, some of which are made before and after the initiation of business operations. Among the most essential decisions include choosing a brand name. While many people may not differentiate between brand and trademark, they are different in various ways.

What is a Brand?

This is a name that relates to products and services offered by a company which evokes positive images and emotions to the consumer. The elements involved in a brand include personality, culture, identity, image, character, reputation and essence. The value of a brand is hence determined by the named elements. Due to its significance, brand names are often protected by the respective companies, failure to which the brand’s elements can be freely used by other people. Although a brand name does not provide any legal protection from external use, it offers a perceived value that only the brand can offer, not to mention recognition.

What is a Trademark?

This is a registered trade or brand name, logo, color, sound or slogan that basically identifies a company to its services or products. The major purpose of a trademark is the legal protection it provides a company hence it can initiate legal action against a person using the brand name without approval. A trademark can be used in the legal protection of words, brand names, signatures, color schemes, movements, packaging, and sounds, just to name a few.

Apart from the legal benefits gained from a trademark, other benefits include assurance on product and services quality, promotion of goodwill, better brand development, not to mention the ability to differentiate the trademark among other similar brands.  It is hence important to research on brand names before use to avoid legal action in instances whereby trademarked brand names are involved.

Similarities between Brand and Trademark

• Both are involved in giving businesses identity and branding

Differences between Brand and Trademark

Definition

Brand refers to is a name that relates to products and services offered by a company which evokes positive images and emotions to the consumer. On the other hand, trademark refers to a registered trade or brand name, logo, color, sound or slogan that basically identifies a company to its services or products.

Legal protection

While a brand does have any legal protection against use by other people, a trademark has legal protection against use by other people.

Scope

While not all brands are trademarks, all trademarks are brands.

Brand vs. Trademark: Comparison Table

Summary of Brand vs. Trademark

While brand refers to is a name that relates to products and services offered by a company which evokes positive images and emotions to the consumer, trademark refers to a registered trade or brand name, logo, color, sound or slogan that basically identifies a company to its services or products. It is important to trademark brands so as to enjoy legal protection benefits.

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