Brand, trade mark and trademark: what really protects a business
A brand is a marketing concept, while a trademark is a legal tool for protecting a business. We explain the difference.
4 min readIn business, people often say 'patent the brand', 'register copyright for the name' or 'register the trade mark'. But from a legal standpoint, it is important to use the correct terms.
A trademark is a legal term. It can be registered and granted legal protection. 'Trade mark' is effectively used as a close synonym, while a brand is a broader category: it includes the name, visual style, reputation, customer experience, values, slogan and recognition. 'Trademark' is the legally correct term, while a brand encompasses a wider set of elements.
What can be done
- Name and logo — register as a trademark
- Design or a technical solution — protect through patenting where there are grounds
- Texts, photos, music, video, software — protect as copyrighted works
- Franchise model — secure through agreements and an intellectual property package
Why this matters: if you choose the wrong method of protection, you can lose time and money and be refused. That is why it is better to carry out a legal review before registration.
