Brand Name vs. Trademark — What's the Difference?
By Tayyaba Rehman — Published on October 2, 2023
A Brand Name identifies a product or service's identity, while a Trademark legally protects symbols, logos, or names associated with it.
Difference Between Brand Name and Trademark
Table of Contents
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Key Differences
A Brand Name is essentially the name given to a product, service, or company. It represents its identity and how it's recognized by consumers. On the other hand, a Trademark refers to symbols, logos, slogans, or names that are legally registered or established by use to represent a company or product.
A Brand Name can be anything that identifies one seller's goods or services as distinct from those of other sellers. It can be a vital part of marketing, helping consumers remember and return to a particular brand. Trademarks, however, ensure that others can't use a similar mark that might confuse the consumer.
For a business, a Brand Name is vital in establishing its presence in the market. It serves as its unique identifier, setting it apart from competitors. A Trademark acts as a protection mechanism, ensuring that this identifier remains exclusive to the business.
When a consumer hears a Brand Name, they think of the product, its quality, its history, and more. It evokes an image or feeling in the consumer's mind. A Trademark, conversely, serves as a guarantee of that product's authenticity, assuring the consumer of its origin.
In essence, while both Brand Name and Trademark play pivotal roles in the business world, the former is about identity and the latter about protection.
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Comparison Chart
Definition
A name given to a product or service.
A symbol, name, or sign legally registered or protected.
Purpose
Identifies products or services.
Protects a brand's identity.
Legality
Does not provide legal protection.
Provides legal protection against misuse.
Usage
Common in marketing and advertising.
Common in legal and business documentation.
Requirement
Important for branding and recognition.
Essential for legal protection of brand elements.
Compare with Definitions
Brand Name
A name given to a product or service.
Coca-Cola is a popular Brand Name in the beverage industry.
Trademark
A legally registered symbol or name.
The 'swoosh' logo is a registered Trademark of Nike.
Brand Name
The unique identifier of a product within its market.
Nike is a globally recognized Brand Name for athletic shoes.
Trademark
An indication of a product's authenticity.
Seeing a Trademark on a product assures customers of its genuineness.
Brand Name
The title by which a product is commonly known.
Most people prefer the Brand Name 'Kleenex' over the term 'tissue'.
Trademark
A distinctive sign denoting origin and quality.
The unique fragrance of a perfume can sometimes be its Trademark.
Brand Name
A name that distinguishes one product from its competitors.
In the tech industry, 'Apple' is a leading Brand Name.
Trademark
A sign capable of distinguishing goods or services.
The golden arches are a Trademark of McDonald's.
Brand Name
A title that consumers associate with a particular company.
The Brand Name 'McDonald's' is synonymous with fast food.
Trademark
A brand's protected element to prevent imitation.
Companies sue others for Trademark infringement to protect their brand.
Brand Name
Having a widely known brand name and usually a good reputation
A brand-name hotel.
Trademark
Abbr. TM A name, symbol, or other device used to identify and promote a product or service, especially an officially registered name or symbol that is thereby protected against use by others.
Brand Name
Alternative spelling of brand name
Trademark
A distinctive characteristic by which a person or thing comes to be known
The snicker that became the comedian's trademark.
Trademark
To label (a product) with proprietary identification.
Trademark
To register (something) as a trademark.
Trademark
A word, symbol, or phrase used to identify a particular company's product and differentiate it from other companies' products.
Trademark
Any proprietary business, product or service name.
Trademark
The aspect for which someone or something is best known; a hallmark or typical characteristic.
Trademark
(proscribed) To register something as a trademark.
Trademark
(proscribed) To so label a product.
Trademark
(informal) Distinctive, characteristic, signature.
Trademark
A distinctive characteristic or attribute
Trademark
A formally registered symbol identifying the manufacturer or distributor of a product
Common Curiosities
What is a Brand Name?
A Brand Name is the name given to a product or service for identification.
Can a Brand Name be trademarked?
Yes, a Brand Name can be registered as a Trademark to ensure its exclusive use.
How does a Trademark protect a brand?
A Trademark provides legal protection against unauthorized use of a brand's symbols or names.
Is every Brand Name automatically a Trademark?
No, a Brand Name is only a Trademark if it's registered or established by use and meets certain legal criteria.
Can a slogan be a Trademark?
Yes, slogans associated with products or services can be trademarked.
What's the difference between a Trademark and a copyright?
While a Trademark protects brand identifiers, a copyright protects original works of authorship.
Why is a Brand Name important for a business?
A Brand Name establishes product identity and differentiates it from competitors.
Can I use a Brand Name that's similar to a competitor's?
It's risky, as it can lead to legal issues if the Brand Name is confusingly similar to a registered Trademark.
What happens if someone uses my Trademark without permission?
Unauthorized use of a Trademark can lead to legal actions like cease and desist orders or lawsuits.
How long does Trademark protection last?
Trademark registration in the U.S. lasts 10 years but can be renewed indefinitely with proper use.
Is the Brand Name always the name of the company?
No, a company can have multiple Brand Names for different products.
Can symbols and logos be trademarked?
Yes, visual symbols, logos, and designs can be registered as Trademarks.
How do I know if a Brand Name is available?
Researching databases, like the USPTO's, can help determine Brand Name availability.
How do I register a Trademark?
Trademarks can be registered through national patent and trademark offices, like the USPTO in the U.S.
Does a Trademark offer international protection?
Generally, Trademarks offer protection in the country of registration, but international treaties can extend protection abroad.
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Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
