What is the difference between trademark and a brand name?

As you maneuver through the world of Intellectual Property, you’ll see that there are certain terms that are discussed frequently. So often, people assume that brand and trademark are the same things. While they are certainly connected, there are factors that distinguish between the two.

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The easiest way to explain is that a brand is a reputation that is developed over time. The marketplace can easily identify the brand based on the products and services as well as the image that the company creates. When you think of “brand” the terms that you should associate with it are:

Culture

Personality

Vision

Reputation

A brand should answer the question, “What is the company all about?” The brand name is simply how the company chooses to be identified and how the marketplace distinguishes it from its competitors.

In comparison, a trademark is what protects the brand. Namely, the protection is given to specific images that are associated with the brand. This may include:

Packaging

Symbols

Brand name

Color scheme

Essentially, a trademark will offer legal protection so that competitors can’t use the same features that may confuse the consumer

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