Trademarks and brand names are two common ways that are used to identify businesses and companies. These terms have existed for many years, placing a distinction on each group that uses them. Although they are easy to understand, it may be difficult to fully grasp the differences and similarities between the two.
Trademarks and brand names are similar in several ways, including the fact that they both stand for a company and represent all that is included within the company. They are also very different. Trademarks tend to be more focused on legal aspects, whereas a brand name is the external representation that defines a company.
Those are just a few of the things that make trademarks and brand names much the same and yet so drastically different. Read on to learn more about what trademarks and brand names are, exactly, and how they compare and contrast with one another.
Before you begin to distinguish between the two, it is important to set the stage with the definition of each term. A trademark is essentially a sign, whether, in word or symbol format, that alerts the world to a particular brand. It provides legal security for a company. Some examples of companies that have trademarks include:
All of these have ownership over the name and likeness of their logo and title. Most companies that exist have access to a trademark. It is an important step that needs to be registered with the UK government to ensure that a group can claim what belongs to them.
A trademark serves the same purpose all across the world. A few things differ, such as the method in which it is obtained. Other than that, it is a clear statement and definition in many countries.
In the UK, trademarks are used to serve as intellectual security for the owners of the given property that they define. Trademarks must be registered to the government. Then, and only then, the company is provided with the following protections:
There are many other benefits to having a trademark in the UK. However, it is necessary to get it registered, or none of the protections come into play.
Although the trademark operates in the same way once it is put into place across the world, the UK’s registration system is different from that of places like the US. The UK trademark system has:
These are slight differences, but ones that make the application and acquisition of a trademark a different process in the United Kingdom.
A brand name is a name given to the overall company or services that are offered. It is the face, style, and persona of a particular company. The brand is involved in advertising, sales, and many other items that are often taken at face value in our society. They intend to evoke a certain feeling in those who hear or see their name.
Examples of brand names in the UK include:
Another excellent example of a brand name is Adidas. The brand name is known all over the UK and the world. It invokes a certain feeling in those who hear the name, as people know exactly what to think of when they hear “Adidas.” A brand name is nowhere near as drenched in legality as the trademark.
A brand name is a signature that the company leaves on its products. It lets consumers know who they are and what their product is. A brand name is a definitive element that assists the consumer and directs them towards investing in a product.
The brand name is what the product will become. It is what draws people to feel certain emotions when hearing it. It is what will eventually become a household name if the company does well.
A brand name does not have the same official legal nature that a trademark does. While a business still has to be registered, the brand name goes beyond what is registered to a company. For example, the British Broadcasting Corporation is branded as the BBC, and the BBC brand name is what people know and love.
Despite the many differences, there are also a few things within the topics of trademark and brand name that are very similar.
Both trademarks and brand names are closely involved with the growth and development of a company. Together, they:
Trademark and brand name are both identifiers for the brand. They serve as a way for the company to make itself known to a large number of people.
Brand name is all about identity. It is what the company wishes to go by and overall accept as their identity that consumers will know them as.
Brand names might also be used to identify specific products within a brand of lines of consumer products.
Trademark is an even more in-depth version of identification. It is used to completely separate a company from others. It encompasses everything from logos to symbols, signatures to brand-based images. A trademark makes the company recognisable and impossible to mistake.
The creation of the overall brand depends on both trademark and brand name when starting to establish a presence.
The brand name allows for:
Trademark allows for:
Trademark and brand name play large roles in the creation process. We will discuss the differences in the roles they play in greater depth a little later when we go into the differences between the two.
Though not required in the creation of a business, both trademarking and the creation of a brand name are critical to the success of a business. Without these, a brand is left flailing without:
Both of these items are important to the growth and sustainability of a new company. Without them, a brand falls apart and becomes nothing.
A trademark and a brand name both need to be registered to prevent other companies from stealing a name or likeness that is similar to theirs. Once a business name and a trademark are registered, no other entity can use the names or profit of their likeness.
There are differences in how each registration takes place. This we will discuss in the differences section.
While both trademarks and brand names do fall within the same area of branding and business creation, they are not the same. This is clear from many of the items mentioned above.
There are a lot of things that separate these two terms from each other, even more so than what makes them similar. These differences are discussed in more detail below.
Trademark involves a much larger registration process in the UK than brand name does. If a company wants a trademark or a brand name registered, they need to accomplish a different sequence of steps.
When registering a brand name (or company name) for your business, there are a few crucial steps that need to be followed:
These steps only protect the name of your company. They do not protect against any other legal issues that may arise.
The process of registering a trademark in the UK is a bit more involved. The official site, gov.uk, explains the steps you must follow in-depth:
These steps take a little longer, but they are beneficial to the success of your business. They provide more protection than the registered brand name does.
A minuscule difference is the cost. A trademark can cost upwards of one hundred pounds, plus fifty more for any additional papers. On the other hand, a brand name costs about forty pounds. The difference lies in the intensity of each process.
Each of these costs may vary depending on the length of time it takes to complete and the number of papers submitted. Research is beneficial before embarking on this process.
Trademarks and brand names offer different levels of protection for the company.
Without either, your business is not protected legally. However, the protection you will get from each varies greatly.
Registering a brand name only protects a company from someone taking your exact name. It does not defend the company from other corporations:
If a name is similar enough that it is clear that it was copied or stolen, the rights are protected. That is the extent of protection registering a brand name offers.
In terms of brand name protection, it may also be beneficial to discuss the protections that come with holding the role of either a sole proprietor or a limited company.
As a sole proprietor of a company, the brand does not receive the same protection as a limited company. A limited company is essentially an entity that is separate from the owners of the business. Registering a brand name ensures safety that sole proprietors do not receive.
On the other hand, trademarking a brand is essentially placing a copyright on top of everything that your company is. Being trademarked in the UK means that the company is provided defence against:
Registering for a trademark also provides legal leverage if an instance ever arises where the company is challenged on account of the name, likeness, or goods and services.
Though trademarks and brand names operate in the same portion of the business world, they serve very different purposes.
Trademarks serve their main purpose for the business themselves, while the brand name serves the people and consumers.
As mentioned above, a brand name forms to publicise a business. It is the name of the company. All advertisements, products, and spokespeople that come out of the company related to the brand name.
A brand name supports items such as:
The brand name allows a company to establish itself and begin to connect with a customer base. It is the ground point for revealing that a brand is capable of connecting with the humans that it is selling its products to.
Read more about: Brand naming
A trademark is there for legal protection. It is there to drive away copycats and secure a standing amongst competitors. While a brand name is there for the growth of the brand, a trademark is there to:
The trademark is to the background as the brand name is to the foreground. They work together in different ways.
When going about getting a trademark, you might come into contact with the copyright. It is crucial to know the difference between trademark and copyright.
Copyright works hand in hand with the protective qualities that come with a trademark, but it is not the same.
Trademark takes a big stand against other groups taking your business and using it for their liking. They also allow a company to maintain a monopoly on its identity combined with provided goods and services. On the other hand, a brand name only prevents others from using titles similar to the registered company.
These are two different terms and conditions that rival companies must adhere to when considering their products. A brand name is less complex to rival than a trademark. Trademarks drastically heat creativity in brand competition.
Without a trademark in the UK, a company must face many dangers. Another company may jump on the name or logo and trademark it before them. That previous company is then at risk of being responsible for:
A trademark is crucial to a company that wants to have a long lifespan in the UK. It will permit them to be a unique entity and not another copycat in whatever industry they are a part of.
Trademark infringement is when another company infringes on the rights that you have established for a trademark. According to bl.uk, there are some important steps you can take if you must to deal with this matter:
A trademark infringement does not happen frequently, but action can be taken against this if the company has registered its trademark.
Without a brand name, a company does not have an image or a personality. The brand name is crucial to acquiring customers and serving a platform that will grow and expand into the future.
The importance of a name cannot be understated. It is what consumers use to identify their favourite products amongst a sea of copycats. If we look at a brand like Coca-Cola, we can see a soda company that selected a unique name to set themselves apart from their competitors. Their name, to consumers, means:
The brand name helps to bring to life all of these things. It puts an image in heads that allow the companies to sell more of their product. A brand name is crucial to everything that a company is and does.
Although it might seem as though trademark and brand name are similar words said differently, they have many similarities and differences that define each term as unique and special.
Brand names and trademarks in the UK help define a company. They help protect it, but often in very different ways. They help set the groundwork for a company’s growth and development. They help to make it unique and distinctive from fierce competition. They work together to support an economic system that has stood the test of time.
