Difference between trademark and brand – what do we need to know?

Nowadays, the terminology related to the various aspects of intellectual property is used too loosely, which often leads to confusion. Let's be brief and clear at the very beginning: difference between trademark and brand there are, with each of these concepts encompassing different elements of the business and its public image.

A trademark is a legally recognized sign that distinguishes the goods or services of a particular manufacturer from those of others. A brand encompasses a much broader spectrum, including the emotional perception, identity, and values associated with a given brand. While a trademark is primarily used in the context of law and property protection, a brand is a strategic tool for building loyalty and recognition among consumers. The difference between the two is not only in the legal meaning, but also in the way they are perceived and interacted with the audience.

Trademark and brand - how are they similar?

Trademarks and brands share common elements that often lead to confusion and the terms are used interchangeably. Both concepts serve to identify products and services and create a unique image in the minds of consumers. They include symbols, logos, names, or other distinctive signs that help the audience identify a particular product or company. 

The reason why the two terms are often used synonymously is that both trademark and brand play an important role in building a company's image and protecting its identity in the marketplace. Consumers associate them with the values of a particular business and the ways in which they interact with its products or services.

Trademark - definition, essence and types

The official definition of a trademark in Bulgarian law is a sign that serves to identify goods or services offered by a given trader and which is registered with the relevant state authority. There are differences in the directions of trademark registration and protection in different legislations, such as in the European Union and the United States there are specific procedures for international protection. 

In essence, a trademark is a legally binding designation that gives its owner exclusive rights to use the respective sign for certain goods or services. 

Trademark types include word, graphic, combination (word-graphic), as well as three-dimensional and even sound or color marks, depending on the characteristics of the sign used.

Brand elements and trademark elements

Brand elements:

• Identity and mission: the company's core values and goals that are communicated to consumers.

• Logo and visual elements: the visual symbols and designs that build recognition.

• Tone of communication: the style in which the company communicates with the audience, including the language and messages.

• Emotional perception: the way the brand is perceived by consumers on an emotional level.

• User experience: the experience users have when interacting with a brand's products or services.

• History and heritage: the way the brand has grown and developed its identity over time.

Brand elements:

• Word elements: names, words, or phrases that identify the product or service.

• Graphic elements: logos, symbols, fonts that are used for visual differentiation.

• Color elements: specific color combinations that are used for recognition.

• Three-dimensional elements: the shape or specific design of packaging, which can also be registered.

• Sound elements: sounds or melodies associated with the brand that create uniqueness.

• Labels and markings: logos and commercial symbols that indicate ownership of the product.

Brand elements are often abstract concepts and are part of its overall public image, while trademark elements are concrete and registered components that are subject to legal protection. 

For example, visual symbols and brand designs can be part of the overall style and feel that a company wants to convey to consumers, including font choices, color palettes, and the overall look that creates an emotional connection with the audience. They are often informal and can adapt over time to changes in the market or brand positioning.

While the graphic symbol of a trademark is a specific and legally registered sign that represents a unique designation of a product or service, subject to protection from competition. The graphic symbol is strictly defined and bound by certain rules of use and protection that guarantee the rights of the owner.

Trademark and brand management

Trademark and effective brand management are closely related and cannot achieve their full potential unless they develop in sync. A trademark serves as a legal protection for the uniqueness of products or services, while brand management focuses on the strategic building and positioning of the brand image. 

A registered trademark gives a business the foundation upon which to build brand identity and value. It protects the key elements that make a brand recognizable and unique, allowing the company to build trust and loyalty among consumers.

On the other hand, an unprotected trademark can lead to a number of problems such as illegal use by competitors, loss of control over the brand identity, as well as risks to property rights. Without registration, the company has no legal means to protect its designation, which can lead to legal conflicts and reduced competitiveness. A registered trademark is the foundation of a successful business and a recognizable brand, providing legal certainty and supporting the building of trust among customers.

Do you want to protect your trademark? The experts from IPfabrika are always available with a full catalog of legal services that guarantee your rights and ensure long-term growth of your business.

Developing a brand - first steps

Developing a sustainable and recognizable brand requires careful planning and a strategic approach that encompasses all aspects of a company's identity. The initial steps in this process are crucial to building a strong brand that will establish itself in the market.

• Defining the brand's mission and values - clarify what the brand represents and what values you want to associate with it.

• Choosing a unique and memorable name that is easy to pronounce and has a positive impact on the target audience.

• Logo and visual design - create a visual style that is easily recognizable and reflects the essence of the brand.

• Defining the target audience - understand who your audience is and what their preferences and needs are.

• Trademark registration - ensure legal protection of the selected brand elements by registering them with the relevant institutions. Our advice is to leave this process to professionals who know the matter inside out and will complete everything on time. 

Trademark and brand: natural partners for success

In conclusion, we can say that the difference between a trademark and a brand is essential, but they are in constant interdependence, as one cannot fully perform its functions without the other. A trademark provides legal protection and uniqueness of products or services, while a brand focuses on building an emotional connection and reputation in the minds of consumers. 

Without the legal security of a registered trademark, a brand remains vulnerable to theft and misuse. At the same time, even a protected brand, without strategic brand management, would not be able to achieve recognition and loyalty among customers. The trademark and the brand work in synergy, with each of them playing a key role in creating a stable and sustainable business identity.