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What is the difference between a trademark and a brand?

When we discuss business strategies, marketing and intellectual property rights, the terms trademark and brand often come up. Although these terms are sometimes used interchangeably, they represent two different concepts within the world of business and marketing. To understand how they differ from each other, let's take a closer look at each of them.

What is a trademark?

A trademark is a legal protection that gives ownership over a particular name, symbol, logo or phrase that distinguishes a product or service from competitors. It is an officially registered symbol that protects companies from others using the same name or symbol to avoid confusion among consumers.

The trademark can consist of a number of elements, including:

  • name (for example, Coca-Cola)
  • logos (like the Nike swoosh)
  • slogan (like Just Do It)
  • colours, sounds or other distinctive characteristics

When a trademark is registered, the company gets the exclusive right to use this mark within a specified industry or category, and legally they can pursue those who infringe this. Trademarks are central to protecting the company's reputation and ensuring that consumers can distinguish between different providers of products and services.

What is a brand?

A brand, on the other hand, is a much broader concept and refers to the overall perception, feeling and identity a company or product has among consumers. The brand is the sum of all the impressions, feelings and associations customers have with the company or product. It is about how the business is perceived, its values, history, and how it connects with consumers on an emotional level.

Branding includes:

  • product quality
  • visual identity
  • customer experience
  • values and ethos the company stands for
  • communication and marketing

For example, although Apple's trademark may be the apple as a logo and the name Apple, the brand is something far more complex. Apple is known for innovation, ease of use, high quality and a strong emotional connection with its loyal customers. It is the total experience consumers associate with Apple, and this makes the brand strong and recognizable worldwide.

Trademark versus brand: In brief

1. Trademark: A legal protection for a name, logo or symbol used to identify and distinguish a product or service from others.

2. Brand: The overall perception, feeling and associations that consumers have with a company or product. This includes everything from quality and value to how the business communicates with the public.

How do they interact?

While a trademark is a legal tool, the brand is a marketing and communication element. The trademark provides legal protection, while the brand gives you a unique identity in the market and connects you to consumers on a deeper level.

A strong trademark ensures that no one can copy or steal your specific characteristics, while a strong brand can build loyalty, increase the value of your products and create long-lasting customer relationships. Both parts are necessary to succeed in today's competitive business world.

Conclusion

The difference between a trademark and a brand can be summarized as the trademark protects the company's symbols legally, while the brand is the consumer's perception of the company or product. In order to establish a successful business, it is important to both protect the brand and build a strong brand that builds trust and attracts customers. It can be risky to carry out branding without owning the trademark, that is, without having a trademark registration at the bottom.

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