Wednesday, September 18, 2013

If you own the Trademark do you own the Brand?

If you own the Trademark do you own the Brand?

The short answer is no.

Trademark and brand are NOT the same. The one doesn’t have a direct correlation with the other.

A Trademark is a legal term that applies to a logo, image or phrase. To own a Trademark you must apply to the national Intellectual Property authority. The regulations, process and fees varies from country to country. Owning a trademark in one country doesn’t convey ownership in any other country nor ensure that you can obtain that ownership.

Trademark is different from copyright which is a different form of Intellectual Property with different rules.

When someone infringes on your Trademark you need to call your lawyers.

A Trademark is simply an identifier.

Brand is an entirely different story.

There isn’t a clear definition of Brand. There are many theories and opinions. Also there is a Tsunami of Brand experts because there’s no legal standard or definition. Because of this, most of us – including me – are expressing our opinion of how we see brands.

In my opinion, a corporate brand is about the customer experience – or – the promise.

That brand can change. It can be tarnished. It can go viral. It is intangible. It can be hijacked by circumstances or clever competition.

You never really OWN your brand. It is the perception that the market has. Your brand is what your clients and prospects think about you. You don’t own that. You can influence it.

For example:

The BP brand was blindsided by the Gulf oil disaster.
Richard Branson’s Virgin brand has nothing to do with his Trademark.

You can have a powerful brand without a Trademark.

When someone or something threatens your brand you need to revise the way you conduct business.


George Torok Keynote Marketing Speaker Co-author of Secrets of Power Marketing Get your free copy of "50 Power Marketing Ideas" Power Marketing on FaceBook Marketing Zoo on Twitter Share/Save/Bookmark


harsh kumar said...

Great Post..Brand building is any activity which influences the customer of your product in a positive manner... a brand is not about a slogan, advertising or marketing campaign only - it is about trust and credibility. We all need good Brand Marketing Company.


Peter said...

Branding can be done, but the trademark is something that can't be promoted. One can either own a brand or can take an agency of that brand. But if you are advertising for the brand than most of their branding sources or agencies will automatically be promoted. The new method of on hold services or digital marketing are the most used ways of branding.


Neil Johnson said...

Yes Brand and trademark these two are different things. I simple words, we can say brand is something that helps in identify a product or a company and trademark protects your brand from copying or trademark means your business logo, image or graphic symbol that differentiate your business form others. If anyone do trademark infringement, then yes you can take help from IP lawyer and can sue a person in the court. I have read here: hat Ip lawyers help in legal issues of your intellectual property.