Are a brand and a trademark the same? No, not exactly. People sometimes use them like they’re the same. But they’re different. How? A trademark is just one part of a brand.

What is a brand?

A brand is how the public sees your business. It’s not just the name or logo. It is everything you want your customers to think and feel when they see or hear about your company. A positive public image will increase your brand’s value. Building a strong brand requires effort and time, and while you want to protect this investment, a brand itself doesn’t offer legal protection. That protection comes from trademarks.

What is a trademark?

A trademark is a form of intellectual property that legally protects your brand. A trademark can be a word, phrase, image, logo, sound, or color that shows where goods or services come from. An example would be how people think of Apple® for electronics or Nike® for shoes.

What does a trademark registration do for you?

When you have a registered trademark, you are the only one allowed to use it within the country where you registered it. You have the right to:

  • Use it exclusively. Only you are allowed to use your trademark (for example, a logo) in the country where it is registered. No one else is allowed to copy it.
  • Stop others from using it. If someone else tries to use a mark that looks like yours, you can make them stop. A trademark helps protect your brand.
  • Use the trademark registration symbol (®). This shows everyone that your mark is registered and protected, and you can use it with your brand.

Why should you get a trademark registration?

  1. The biggest reason to get a trademark is so that only you can use it. This might not feel important for a small business that only serves the local area because most customers may already know your brand. But for a business to grow bigger and become better known, having that trademark for your brand becomes valuable.
  2. Trademarks are intellectual property, but you can handle them like it is tangible property. Think of trademarks as special business assets, like your shop or equipment. As your business grows and becomes more well-known, these trademarks become more valuable. Just like you can buy, sell, or rent out your shop, you can also deal with trademarks similarly. You can even use it as security when applying for a business loan. Registering your trademark is a great way to protect your brand’s value as your business grows, and over time, it becomes a valuable asset if you ever decide to sell the business.
  3. A trademark registration can also help you solve a domain name dispute. Your website is also a big part of your brand. Getting a trademark for your brand can help you if someone unfairly grabs a website name that is very similar to yours. If you have a trademark, it gives you a better chance of getting that website name back. It’s like having proof that the name belongs to you, both in the real world and online.

What should you do?

Trademarks play a vital role in your brand’s identity. If you plan to expand nationally or internationally, trademark registration should be a top priority. It’s important to carefully plan the timing, budget, and process for registration, especially when your business is new. Find out how Lockhart IP can help your business thrive today by booking a consultation with us today!