What is the difference between trademark and brand name?

Answer 1

There are several major differences. First, a patent protects the owner of an invention from letting other people make, use, sell or import the patented invention without permission. A trademark allows the owner to prevent others from putting a confusingly similar mark on their goods or services, thus protecting the public from rip-offs.

Patents are granted by filing an application and having it approved by a government agency; a distinctive trademark right is created the moment it is first used in commerce in association with goods and services.

Patents are, by nature, animals of federal law. Trademarks are protected by state law and federal law.

Patents expire after a fixed, statutory period. Trademarks continue to be valuable as long as they continue to be used and maintain their distinctiveness.

Patents cannot be enforced until they are issued; trademarks can be enforced as soon as they are created.

Patents and trademarks often overlap in the same products, such as patented device with a trademark shape, which could also be protected (briefly) by a design patent.

Patent applications are very expensive and time consuming; trademark registrations (if you want one) are relatively simple and inexpensive.

The list goes on...

Answer 2

A registered trademark is one in which the owner has filed registration papers (and fees, samples, declarations, etc) with a state or federal agency, stating who owns the brand, what the brand is used for, and when it was first used for that. This permits others with ideas for similar brands or products to quickly find out who is already using what. If a trademark has a federal registration then you may see the optional circle-R mark on it "�". If it is a state registration, you will not see that �, but may see TM or sm (service mark) on the product or advertising.

A trademark owner who has not registered it may have a valid right to prevent others from using the trademark, but will have a more difficult time of proving ownership and that the others are violating his exclusive rights.

AnswerA trademark or trade mark is a distinctive sign of some kind which is used by a business to uniquely identify its products and services to consumers, and to distinguish its products or services from those of other businesses. A trademark is a type of industrial property which is distinct from other forms of intellectual property. You may not copy a trademark onto your own similar products, whether or not the trademark is registered.

Conventionally, a trademark comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, including distinctive colors and sounds. A similar notion of "trade dress" may apply to an entire operation, such as a golf-course layout, or the style of a restaurant chain.

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, particularly the well known characteristics of celebrities. Such trademarks can be a style of haircut (Elvis Presley's distinctive ducktail), articles of clothing or accessories (Liberace's flamboyant costumes and jewelry or Elton John's oversize sunglasses), facial hair (Groucho Marx's mustache), or even breast size (Dolly Parton and Pamela Anderson).

Answer 3

The Difference between TM and (R)

PencilSharp's usual legal disclaimer: I am not a lawyer, nor do I play one online. Do NOT view this answer as a binding legal opinion!

Okay, first thing you need to know is that there are two types of copyright (it's a closely related intellectual property issue, trust me). COPYRIGHT is what you get when you create something. It is innate in your creative act. Should your creation be *published* or otherwise made available to the public, your copyright becomes *much* easier to enforce. In essence, it becomes a SUPERCOPYRIGHT (not a legal term...) because you now have proof of when you created it.

A TRADEMARK, in the same way, is a *symbol* or typeface or phrase or etc. that distinguishes your service/creation/product from everyone else. Look at the WikiAnswers logo at the top of this page to see a TM (trademark).

A REGISTERED trademark, on the other hand, has been registered with the US Patent and Trademark Office, and a fee has been paid to the USPTO to boot. Now, you have a SUPER trademark that you now get to mark with a capital R inside a circle (R).

Basically, you do not HAVE to register your trademark to have a trademark. You SHOULD do so if you are worried about somebody swiping your design as their own, as registered trademarks have the full strength of the US Government to help enforce it.

Answer 4

"Trademark" often refers generally to any brand, but more technically applies only to brands on "goods" (i.e., things). A service mark is the more correct term for a brand applied to services (e.g., McDonald's service mark for restaurants and trademark for the food sold there). Service marks are usually documented using advertising for the services, whereas trademarks are proven by showing the brand on the goods or their packaging.

Answer 5

A non-registered trademark is called 'common law trademark' in Canada and is typically implemented in order to show the intent to trademark. Unfortunately, common law trademarks are difficult to defend legally as no registration has been conducted, though they can be very important in the process of appealing an application for a trademark. It is possible for one to appeal a trademark process by arguing that they have been utilizing the name for a longer period of time and be successful. It is, however, true that the only way to protect a mark is to register it as a trademark.

The ™ and ® marks have no legal significance or meaning in Canada. Thus there are no repercussions to using these marks. Surprisingly neither the ™ nor the ® mark appears in official Canadian Trademark Law.

Unofficial meaning of the ™ mark has come to mean unregistered trademarks or in-process trademarks while the ® has come to mean registered trademark.

Answer 6

In a national trade mark gives protection only in the member of state in which it has been registered, while an EU trade mark gives its owner an exclusive right in all current and future EU Member States. Well, I would suggest Regimark SIA for you to get the proper solution for the EU trademark registration.

Answer 7

Trademark is a broader term for marks used in trade such as trade names, logos, slogans, and trade dress.