What is the Difference Between Online Trademark Registration And Brand Name?

A businessman may know, online trademark registration and brand names are interchangeable. Nonetheless, the distinction between a trademark and a brand name is found in how they are used. A brand name might refer to a specific product or service, or it can be the name of the firm. It is the tool that the business uses to market its products and services. Additionally, customers use to locate the source of those products and services. A claim to intellectual property that safeguards a brand is called a US trademark. A trademark provides brand name protection that it doesn't already have.

How To Identify A Brand Name

Unstyled text used as an identity to set one firm or product apart from another is called a brand name. For owning a brand name, you don't need to register a trademark online. Customers can identify a business and its products or services on the market by their brand name. Companies may use a variety of names for their brands. These names include their real name, the name of a good or a variation on it, the name of a service, and more. 

Companies can make a strong consumer recall by a well-known, recognizable brand name. These names help the target market instinctively associate the business with the products or services it provides. A brand's objective is to gain enough recognition for the public to choose to purchase its products over generic ones.

Understanding Trademark

When you trademark a slogan that safeguards a brand is a trademark. It could be simple words, a phrase, a feature of the design, a color, a scent, or even a sound. It's not always a logo. Similar to a brand name, a trademark serves to set a product apart from competitors in the market, but unlike unregistered brand names, trademarks provide owners with protection. A trademark is entered into the national database of trademarks upon its submission and acceptance from the Trademarks Office. 

The owner of an online trademark registration has the legal authority to pursue legal action. Trademark protection aids in preventing third parties from using a mark that, after the registered trademark's priority date, is essentially identical to or confusingly similar to it. Additionally, this protection might discourage future infringement and counterfeiting.

What Is The Difference Between Them?

The legal means of enforcement that are available for both brand name and trademark registration is a significant distinction between them. When a brand name gains popularity without protection, counterfeiters may target it. They try to capitalize on the developed goodwill through the company's name by selling inferior counterfeit goods or using a misleading brand name that consumers may confuse for the original one. 

The common-law charge of passing off may protect registered trade names and logo marks after they register a trademark. However, the legal process could be expensive and time-consuming. Furthermore, it might not be possible to expand, outsource production, or distribute to other nations. In other jurisdictions where the "first to file" rule applies, the owner of a brand may be subject to accusations of trademark infringement if the brand is not registered.

Conclusion

The right to file a lawsuit in the nation where the brand name was first registered to prevent unauthorized use of an identical mark that is misleading is automatically provided to the holder of the authorized trademark. Consequently, to safeguard the company's standing in the market through registration. Online trademark registration makes good financial sense to apply for registration of the logo and any other potential trademarks that might be violated by anyone else.