Difference between Brand & Trademark

Written by ShyamWednesday, 28 October 2009 10:14 -

Difference between Brand & Trademark

Brand and Trademark are considered synonymous to each other,

 but the following differences can be seen from legal point of view.

Point of Difference

Brand

Trade Mark

1.   Meaning

 

When a product can be identified through the medium of trademark, word, name and design, it is called Brand.

When a Letter, Name, Sign, Picture or Design or a mix of all, is registered under law it is called, Trade mark.

2.   Nature

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Difference between Brand & Trademark

Written by ShyamWednesday, 28 October 2009 10:14 -

All brands are not Trademark.

Whereas all trademarks are brands.

3.   Objective

Objective of brand is to help the identification of product and provide it difference and specialty.

Trademark’s objective is to stop products.

4.   Area

Area of brand is limited because any business system can use different brands for different products.

Trademark’s area is expanded, because same trademark can be used for different products.

5.   Registration

Brand registration is not compulsory

Whereas Trademark registration is compulsory.

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Difference between Brand & Trademark

Written by ShyamWednesday, 28 October 2009 10:14 -

6.   Legal                          

     Protection

Even if a brand is copied by other competitors, no legal action can be taken against them.

Whereas legal action can be taken against the competitors who copy trademark.

7.   Creation  

     Existence

Brand can be created by any manufacturer.

But a Trademark’s existence is considered only after registration.

8.   Identity

Brand provides identity to a product.

Whereas Trademark provides identity to business house.

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Difference between Brand & Trademark

Written by ShyamWednesday, 28 October 2009 10:14 -

9.   Use

Brand can be used by different producers and sellers.

A trademark can be used only by that producer who has got it registered.

10.Compensation

Brand owner can not claim any compensation from the Copier.

But here the faulter will have to pay compensation.

11.Penalty

There is no provision of penalty or punishment on copying it.

Here the culprit can be punished.

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