What is the Difference Between Brand and Trademark?

The main difference between a brand and a trademark lies in their definitions, protection, and purpose. Here are the key distinctions between the two:

• Definition: A brand is a name given to a product by its owner or manufacturer, representing the reputation and image of a company. A trademark, on the other hand, is a term, phrase, or symbol that is legally protected by statute.
• Protection: A brand name is not protected legally, and there is no legal obligation associated with it. In contrast, trademarks have legal protection, with trademarks in India governed by the Trade Marks Act, 1999.
• Nature: All brands are not trademarks, but all trademarks are brands.
• Purpose: Brands focus on perception and differentiation, helping consumers identify a company and its products or services. Trademarks ensure legal rights and prevent confusion among consumers by protecting unique aspects of a brand, such as names, logos, and slogans, against unauthorized use.

In summary, a brand represents a company's reputation and encompasses various elements like personality, culture, identification, and reputation. A trademark, on the other hand, provides legal protection for specific brand elements and is registered with the appropriate government authority for protection.

Comparative Table: Brand vs Trademark

Here is a table summarizing the differences between a brand and a trademark:

A brand represents the reputation and image of a company, while a trademark legally protects unique aspects of a brand, such as the brand name, logo, packaging, and other elements. A brand is what the public sees and thinks about a company, and it includes elements like identity, image, personality, character, culture, essence, and reputation. On the other hand, a trademark is a specific aspect of a brand that has legal protection, preventing competitors from using similar identities.