Trademarks and branding are crucial to the success and reputation of a business. However, many people often conflate trademark and brand and use the terms interchangeably, even though they are different. It is essential to know these differences and similarities.
What is a brand?
There is a lot to unpack with the term brand because it encompasses so much. A brand is the representation of a business and its reputation in the public eye. The brand is essentially the image of the company, which is created through careful branding.
The company brand is something that is curated and built over time. The brand will consider a variety of elements. Brand includes the identity and image of the business, the character and personality of the business, and the culture of the company.
The brand name can identify the name of a company or a specific product. When people think of a trademark registrations company, that company’s brand is often what comes to mind. For example, if you think of McDonald’s, you might imagine the golden arches on your head and the color red. If you think of Nike, you might imagine the whistle and the phrase “Just Do It.”
This is where things can be confusing for some. Those examples include all brands: logo, color, phrase. However, the logo and phrase can also be trademarked, which will prevent other companies from using them, so that consumers are not confused. We will discuss more about trademarks below. For now, let’s examine the brand further.
Good branding is always important as it will help businesses gain recognition from consumers. The more people see brand elements, whether on products, through social media, or on the company’s website, the more familiar they will become. They will know more about the company’s culture and goals and the products and services they offer. When branding is done right, it can increase business value, generate new customers, and improve employee satisfaction and pride.
Additionally, a good brand helps create trust in the market. Helps build trust with current customers, potential customers, and the general public. Branding is the “face” of the company. Branding also supports advertising, and the two are often linked.
The company’s marketing efforts incorporate the various brand elements and help strengthen the brand. Eventually, as the brand grows, it makes marketing easier because people are already familiar with your brand. Because the name and certain brand elements are important to the success of the company and protection against imitators, they will often brand those elements.
What is a registered trademark?
All trademarks are trademarks. However, not all brands are registered trademarks. Trademarks are specific elements of your brand that have legal protection. Trademarks can be the name of the company or particular words and phrases intrinsic to your company’s brand. Trademarks can also be trade dress, a term used for a combination of Copyright Registration Services that identify the company. Trademarks can include logos, shapes, layout design, color combinations, and other parts of your brand that you believe need protection. These additional elements should be unique to your company.
There are two types of trademarks: basic and registered. If you have a basic unregistered trademark available to you when you create and use any features that are unique to your brand, you have a basic trademark that is not registered. You can use ™ in the logo, phrase, etc., to indicate this basic, free trademark. It can help provide your brand with a limited amount of protection. However, it is not going to give you as much protection as you think.
If someone else were to start using those elements of your mark where you are using the ™ , it would be up to you to prove that the mark was yours first. Proving that the trademark is yours is often difficult to do, can tie you up in a legal battle, and there is a risk that you will not be able to maintain your brand and company properly.
On the other hand, you can choose to obtain a trademark. Obtaining a trademark is considered a better option in the vast majority of cases. It is a cost-effective means of keeping your business safe from thieves who would try to copy your brand to take away customers or potential customers. When you have a registered trademark, you will use the ® symbol in your mark. The ® symbol shows that it has gone through trademark registration requirements with the United States Patent and Trademark Office.
When you have a registered trademark, it will help keep your brand identity safe. This includes phrases, logo, names, symbols and other images used to represent your business and what you offer. If another company or individual were to try to use your trademarked material, or if they infringe that material, you will have an easier time from a legal perspective when you have a trademark.
Don’t make the mistake that many other entrepreneurs and small businesses have made in the past and give up the trademark. There are too many problems that could arise if you only use the ™ . While it may work as a placeholder, you want to register to get the best protection correctly. It is vital to the overall success of your business.
Get help registering your trademark
Having a strong brand is essential, but you cannot forget the importance of registering your trademark . Although it may seem like it will take a lot of research and effort to obtain the ®, it is worth it. However, you don’t have to try to do it all on your own. Instead, you can hire trademark professionals who can handle all of the trademark searching and work needed to get the job done. Work with a team that can research the brands you need, submit and process the application, and help you every step of the way
