What's the difference between a brand and a trademark?

brandShort Answer: it’s the difference between the word/symbol that identifies a product and the legal right to protect it.

Brands have become an increasingly important part of the business landscape.  Companies spend a great deal of money to create brand recognition with their customers. It seems to be a relatively new idea with a lot of buzz around it. Yet the core idea has been around for a long time, most powerfully conveyed by an old fashioned branding iron.

The symbol imprinted on the animal’s hide, in this instance the letters JHL, tells the marketplace that J. L. Hudson owns these cattle.

The meaning and function of a brand has not changed. It’s most basic meaning is a word or symbol (including a color or sound) that uniquely distinguishes the source of products or services in the marketplace from those of competitors.

A trademark is the legal right to protect that word or symbol.  It gives the  brand owner the exclusive right to use it and prevent others from using it on similar goods or services.

A trademark serves as the legal foundation of a brand.  Just as a company obtains legal title to the plot of land on which its headquarters is built,  it also obtains trademarks to protect its brands in regions of the world where it sells its products.

I find that the value of a trademark is best understood by the people making a  significant capital investments in a brand.  They don’t want to lose their capital  investment as well as customer recognition and sales revenue by permitting someone else to use their valuable brands.  Owning the right trademarks gives them that protection.