Difference between Brand and Trademark

Many choices must be made while establishing a new company, some of which are made before the start of commercial operations and others that are made thereafter. Brand name choosing is a crucial step in the process. Although many people use the phrases interchangeably, there are important distinctions between a brand and a trademark.

What is a Brand?

When a customer associates a brand's name with a product or service, they are more likely to have a positive opinion of that product or service. Brands are made up of many different parts including the company's or brand's personality, culture, identity, image, character, reputation, and essence. All of these characteristics are what makes a brand valuable.

Companies often go to great lengths to protect their brand names because of the value they represent. However, if this security is compromised, other people may be allowed to use the brand's components without repercussions. Brand names are not protected by law, but they do generate awareness and some measure of unique, perceivable value for the brand's intended audience.

What is a Trademark?

A company's brand may be anything from its name and emblem to its color and song. Its principal function is to set the company's offerings apart from those of rival businesses. The fundamental advantage of trademark registration is the legal protection it provides a company, allowing it to pursue legal action against individuals who use the brand name in an unlawful manner. Trademarks can provide legal trademarks for a wide variety of elements, including words, brand names, signatures, color schemes, gestures, packaging, and noises.

Owning a trademark has many benefits beyond just those conferred by law, including the ability to set one's brand apart from competitors in the same market, to guarantee the high quality of one's products or services, to increase consumer confidence, to spread positive word of mouth, and to foster better overall brand development. Thus, it is crucial to investigate brand names before using them to avoid the risk of legal action in cases involving registered brand names.

Differences − Brand and Trademark

The following table highlights how a Brand is different from a Trademark −

Characteristics Brand Trademark
Definition A client is considered to have a positive connection with a brand if they identify the brand's name with the quality of the products or services offered by the brand's owner. A trademark is any distinctive sign such as a company name, brand name, logo, color, sound, or phrase, that is used to identify and differentiate one company's goods or services from those of another.
Importance You can get legal protection from others using your brand name. The owner of a trademark can sue anybody who uses the mark without permission.
Components Not all brands are trademarks. All trademarks are brands.


A brand is a name for a company's products or services that conjures up favorable mental images and emotional responses in consumers. A trademark is a legally protected designation of origin for a brand's name, emblem, color, sound, or phrase. In order to enjoy the benefits of having legal protection, it is crucial to register brand names as trademarks.