Difference Between Brandmark And Trademark

Introduction

In this digital and competitive market, everyone prefers branded products over local products. And with the high demand for brandmark, their imitations are also increasing. Nowadays, everyone wants to become famous in a short time, so they use this type of shortcut of making and selling duplicate versions of original famous brands.

And trademark is very helpful to prevent these scams. Trademark helps to protect the brand name from being copy by other third parties. Many people are confusing the Difference Between Brandmark And Trademark. Both the terms are use interchangeably.

Table of Contents

What is Brandmark?

A brand mark is a name that any company or business gives to its products and services which helps customers to identify them. It’s the overall image of a company.

Which mainly consists of various elements like personality, image, identity, character, culture, and reputation. All these elements help to make the brand valuable.

What is a Trademark?

A trademark defines a distinctive word, colour, logo, image, text, and graphical representation or a combination of these that helps distinguish a brand’s goods and services from one another. It is a form of intellectual property.

It also helps enhance brand identity and allows for greater clarity between customers and the market. Businesses use trademarks to create their unique and strong identity in the market which makes it easier for customers to buy and trust their products and services.

Types of Brandmark

It can be creat using the initial letters of anything or name.
Any name that describes the benefit of the product
Foreign words in another language
Combination of several words

Types of Trademark

Service marks
Indicative, arbitrary and fanciful trademarks (strongest and safest)
Generic and descriptive (weakest trademarks)
Simply descriptive
Trade name

Difference Between Brandmark And Trademark

Brandmark	Trademark
It mainly represents the reputation and overall image of a company or any business.	It legally protects the logo, name, and brand identity of a business so that it can’t copy by anyone.
It’s not formally registered.	It requires registration with all the legal documents.
Cannot be able to transfer.	It may be able to transfer, assigned, sold, and rented to another third party.
It can’t be legally protected. And its protection mainly depends on the image of a brand.	It is legally protected under the Trademark Act, of 1999.
Can change over time	It can’t be changed but it is protected for a particular time and can be renewed.
It doesn’t require any registration and maintenance fees.	It requires application fees for registration and maintenance fees.
Not all brands are TM.	All TM are brands.
You don’t need to register your trademark.	Registration of TM is necessary for the convenience of the trademark owner and to obtain all the legal rights.
Ford, Kellogs, Apple, Nike, coca-cola	Netflix, IBM, Google, Nike swoosh, etc.

Similarities Between Brandmark And Trademark

A brandmark is a logo, sign, symbol, phrase Etc. That differentiates the products and services from other products of the same category while a trademark is a logo, phrase, word, slogan, image, and text that helps to identify and distinguish the products and services from one company to another.
Both protect the brand identity and help in the growth of the business.
Both brandmark & trademarks help customers to purchase high-quality products and build trust among them.

Conclusion

Difference Between Brandmark And Trademark are used interchangeably. And there is a very minor difference between these two. Brandmarks help in giving brand identity to a product and service. while trademark helps in preventing imitation and infringement of the brand name by others.

For more information stay updated with:- A Star Legal Associates