Important Differences Between Brand Registration and Trademark Registration

In the modern world, buying branded goods from the market is more practical and reliable. Moreover, this trademark name guarantees the authenticity and superior quality of the goods. However, in today's society, everyone wants to become well-known quickly. As a result, brand name duplication or copying is fairly widespread. A novel idea known as a trademark has been established to prevent this. To comprehend them, some essential differences between a brand and a trademark must be examined.

What is a Brand?

A trademark is a term, phrase, or symbol that is legally protected by legislation, as opposed to a brand, which is a designation given by the owner or manufacturer of the commodity. The term "brand" is used to distinguish products and businesses on the market, but it does not imply legal protection against unauthorised usage. As a result, the idea of a trademark has been developed to stop product copying and other unlawful uses.
Difference Between Brand Registration and Trademark Registration
The major differences between Brand Registration and Trademark Registration are as follows:

1.Definition

Brand

A brand is a title that a product's owner or maker gives to it. It is a name that describes the goods and services offered by a business and evokes positive thoughts and sentiments in the client. A brand name includes characteristics like the company's personality, culture, identity, image, attitude, reputation, and spirit. It is typically utilised to set the company's products apart from competing ones.

Brand names are frequently given to products created by a company or organisation. It is tough to understand the importance of this name. This component is also used to determine the brand name's style and appearance. Therefore, carefully considering the company's main product is crucial when choosing a brand name.

Trademark

A trademark is any phrase, name, symbol, or combination of these used in commerce to identify and distinguish one company's goods from those made by another and denote the goods' source. An officially registered trademark is indicated by the sign ®. Unregistered trademarks frequently employ the trademark superscript, TM, to distinguish a term, phrase, or symbol from those of other users. However, the mere presence of the TM symbol doesn't mean that it is protected by trademark law.

2.Origin of Concept

The word "brand" or "brands," which means "to burn, to set a flame," is derived from early Norwegian. It had its roots in the past when shepherds marked their sheep to set them apart from those of other shepherds. To do this, a hot iron was applied to the sheep, burning a recognisable imprint into them. It then served as a loan translation in the English language. The phrase's original meaning was owner, creator, or source of a thing or item.

Trademark

Later, the figurines were handled by different family members as personal items and constantly underwent alterations. They were then utilised as trademarks or as representations of craftsmen and artists.

3. a) Purpose of Trademark Registration

A trademark is used to stop product imitation. The main goal of trademark registration is to prevent unfair competition between companies that rely on consumer ignorance to increase sales. This kind of misunderstanding is forbidden under trademark law.

Two purposes are served by trademark law:

• First, a trademark aids consumers in differentiating products.
• A trademark protects both the owner's financial assets and reputation.

b)Purpose of Brand Registration

A brand registration has two primary functions:

• Identification: To identify a good or service as being different from others of the same or comparable kind.
• Verification: Ensuring that a good or service is what it claims to be (as opposed to a generic or fake product).

The brand registration is made clear by its name. It helps marketers create a strong brand identity or image for the product to help it stick in the target market's minds. Building a brand before releasing or introducing a commodity to a market or sector is essential. We may also use inter-brand to express key qualities or benefits of the item or service under the brand name.

4.Types of Brand Names & Trademark

Brand
There are many various types of brand names, including

• Initialism (initials of anything) (initials of anything),
• Descriptive (name with the merits of the product) (name with the advantages of the product),
• Foreign language (words from some other language),
• Who founded it? (names of real personalities),
• Combination (combining numerous words to form one) (combining multiple words to make one).

Trademark
There are many different types of trademarks, including

• A service mark (source of products),
• Imaginative, random, and provocative trademarks (the strongest and most protected trademarks),
• Descriptive,
• Both broad and detailed (weakest trademarks),
• A brand name (identifying the company as a whole).

Scope of Trademark and Brand Registration

Brand

Not all brand registrations are trademarks. A brand is a visual item that is founded in truth while also reflecting customer perspectives and, in certain cases, quirks. Customers will eventually identify a brand with it. As a result, the reach of branding extends beyond traditional borders.

Trademark

Brands are all trademarks. The registration of a trademark protects a company's present operations. Because it applies to both identical and comparable trademarks, the extent of protection is quite broad.

Association 

Brand

The brand name is inextricably linked to the workplace environment, identity, purpose, and reputation. Said the brand name answers the question, "What is the firm all about?"

Trademark

A trademark is linked to packaging, a logo, and a colour scheme. It will protect the company's brand by prohibiting competitors from using identical marks, which might lead to customer confusion.

Legal distinction

Brand

When we talk about the brand name, it's evident that it's not legal in any way. The firm chooses a name for its goods or services either at random or after extensive research. Because there is no legal duty attached to the brand name, you are free to choose anything you feel is best for your company.

Trademark

When you discuss a trademark, you can be confident that it legally reflects your goods and services. However, legal responsibility is attached to the trademark.

Time Duration

Brand
A brand registration has no temporal restriction for use. Your brand should be able to last as long as you wish. Unless something unexpected occurs, such as the sale of your company, a change in leadership, or a substantial change in your market or product range, your brand is the most important and long-lasting manifestation of your company and its ideals.

Trademark

According to Section 25 of the Trade Marks Act of 1999, a trademark can be used and secured for 10 years. Every ten years, it must be renewed. Renewing a trademark allows the firm to safeguard its intellectual property. Section 25(3) of The Trademarks Act stipulates that the Registrar must provide notification to the registered owner in the prescribed format at the stipulated time or even before the final registration of a trademark expires.

Limitations

Brand
Only in the state where it is registered is the brand name protected. It indicates that no one else is permitted to use the brand name in the same state. However, you cannot prevent other states from employing it in a different type of company or sector.

Trademark

Trademarks are intellectual property that protects a brand's identity by proving that the mark is not being used elsewhere. It also protects the government.

Use

Brand
Other manufacturers and merchants can use a brand name. If another manufacturer uses your brand name, there is no penalty because it is not legally protected, and hence anybody can use it.

Trademark

Only the owner or manufacturer of a lawfully registered trademark may utilise a trademark. However, you may use or even register them as long as your services and goods are distinct from any other registered trademarks.

Legal status

Brand
The brand registration does not have legal recognition. It is just a brand name chosen by the firm for a specific product. Consistent marketing and advertising lead to consistent brand recognition and, as a result, consistent income.

Trademark

A trademark registration is a legal representation of a company's products and services. Various legal agencies and legislation, such as the United States Patent and Trademark Office (USPTO), the Trade Marks Act of 1999, and others, have designated the term "trademark."

Legal safeguards

Brand
A brand is not legally protected. Anyone can use your brand name. You must register your brand name as a trademark to protect it.

Trademark

The Trade Marks Act of 1999 protects trademarks. In India, the Act provides legal protection for trademark rights. It deals with trademark protection, registration, and the restriction of unauthorised use. It also handles trademark owner privileges, sanctions for infringement, compensation for loss, and trademark transferring processes.

Conclusion
The phrases "brand" and "trademark registration" are used interchangeably in everyday speech. However, the purpose of brand registration and a trademark distinguishes them. The distinction between a brand and a trademark registration is as fine as a thread, yet it may have major ramifications if not understood correctly. The registered trademark covers the manufacturer's brand name, picture, symbol, design, words, and so on. A brand is also an important word in business for a producer or firm to attain success.