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Difference between a Brand Name & a Trademark??Views: 5888
Sep 16, 2008 4:33 pmDifference between a Brand Name & a Trademark??#

Ritu
Whats the difference between a Brand Name & a Trademark??

Private Reply to Ritu

Sep 17, 2008 1:33 amre: Difference between a Brand Name & a Trademark??#

SOEB FATEHI
a brand name can also be a trade mark

a brand name is a word or a word string

a trade mark is a visual impression carried on a product which may at times include the brand name

Private Reply to SOEB FATEHI

Sep 18, 2008 1:46 pmre: re: Difference between a Brand Name & a Trademark??#

charuhasan
Trade mark is a legal terminology and `brand name' is common parlance term.

Private Reply to charuhasan

Sep 18, 2008 3:07 pmre: re: re: Difference between a Brand Name & a Trademark??#

Ritu
Thanks for the info Soeb n Charu...much obliged.

'a brand name can also be a trade mark

a trade mark is a visual impression carried on a product which may at times include the brand name'

Can we have a few examples of Brand names which are not Trademarks & vice versa & a few of those which are both??

Private Reply to Ritu

Sep 19, 2008 7:35 amDifference between a Brand Name & a Trademark??#

Rain Man
Identity of the product in the market is brand name. Marketing & product development team works on it.

& trademark is legalization of that identity with the help of trade law.

Private Reply to Rain Man

Sep 20, 2008 4:35 amre: Difference between a Brand Name & a Trademark??#

Ritu
Oh Amit, aap bhi legal pundit hai?? :-P ...thanks for throwing more light on the issue.

Private Reply to Ritu

Sep 24, 2008 4:20 pmre: re: Difference between a Brand Name & a Trademark??#

Vijay Nair
The difference is as simple as it sounds in your question.

A name and a mark.

Broadly stated, a TRADE MARK as defined under the Indian law is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.

A BRAND NAME/TRADE NAME is used by companies to identify themselves and distinguish their businesses from others in the same field.

There could be Trade Names without Trade Marks, but there are no Trade Marks without Trade Names, at least to my knowledge.

Like "Kelvinator" was a Trade Name and a Penguin in Oval Shape was its Trade Mark. The name "Godrej" is a Trade Name and the manner in which it is written, is its Trade Mark.

There is something which is yet to be in black and white in so far as India goes, and that is TRADE DRESS.

Trade dress is used by competitors to distinguish their products by visual appearance, including size, shape, and color, while service marks are used by competitors to distinguish their services from each other. Gradually, the law of trade dress and service marks has evolved into separate causes of action, independent from the law of trade name infringement.

In S.V.S. Oil Mills vs. S.V.N. Agro-refineries & another [2004 (29) PTC 548 (Mad) (DB)], the Court held that ""the material form, colour and getup of the wrapper or label or container of the articles are the physical means of expression and the design of the container or the label is of great significance as it is meant to catch the attention of any purchaser. The design of the label would include not only the trademark, but also the colour scheme and getup of the wrapper or container as well. It is well known that there are several eye-catching designs and the customers who are familiar with the articles would invariably be guided and attracted to purchase goods by the sight of label. There is a power behind the design of the label as the customers have the intuitive instinct to select the goods by the design, colour, getup and the trade name and if the goods of same kind, with the same colour scheme and getup in the labels belonging to two manufacturers with phonetic similarity in trade names are exhibited or offered for sale, a normal consumer of average intelligence with imperfect memory would take one article as belonging to other".

Hope this satisfies your queries and raises many more!!!!





Vijay Nair, Partner
KNM & Partners, Law Offices
http://www.knm.in/

Private Reply to Vijay Nair

Sep 25, 2008 3:33 pmre: re: re: Difference between a Brand Name & a Trademark??#

Ritu
Yeah now it does look as simple as ABC (your explaination is really neat & good examples too) ...it satisfies my query..Thanks a lot...

Now coming to what Amit said 'trademark is legalization of that identity with the help of trade law'

Does a trademark become a trademark only after registration or legal remedies are available to protect unregistered Trademarks too?? Is there any such animal called Unregistered Trademark???

Private Reply to Ritu

Sep 26, 2008 2:55 amDifference between a Brand Name & a Trademark??#

SOEB FATEHI
Charu - "Brand Name" is legal parlance


- refer -
Explanation.- For the purposes of this notification, ‘brand name’ means a brand name, whether registered or not, that is to say, a name or a mark, such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to a product, for the purpose of indicating, or so as to indicate, a connection in the course of trade between the product and some person using such name or mark with or without any indication of the identity of that person
[F. No.4/3/2004–CX.1 (pt.V)]

- refer -
Service Tax - Chapter V of the Finance Act, 1994
[65.(33a).(vii)]

- refer -
Central Excise Tariff Act, 1985
THE THIRD SCHEDULE
See section 2(f) (iii)

- refer -
notification No. 1/93
Circular No. 71/71/94-CX
Dated 27/10/94








Private Reply to SOEB FATEHI

Sep 26, 2008 7:35 amre: Difference between a Brand Name & a Trademark??#

Ritu
When Soeb talked about the Amul macho toing Ad in another post...it kinda struck me how come Amul Macho is a brandname/trademark...being the same as or rather derived from another brand/trademark Amul?? same with V.I.P. underwear & Lux Cozi??? All undies brands/trademarks seem to be take off of other famous brands...no infringement issues involved??

Private Reply to Ritu

Sep 27, 2008 5:06 amre: re: Difference between a Brand Name & a Trademark??#

Anuradha Sarup
I'm no lawyer :-) but I think when a company registers it's trade mark it is the 'way it is written/designed' that is protected. Not the name itself.

The company also has to register this trade mark under different categories (areas in which is intends to operate like stationery, electronics etc) The trademark is then protected under these categories.

This leaves the company name and goodwill vulnerable to being used by others
1. for totally unrelated categories. As is the case with Lux and VIP
2. Use the same name but change the way it used in the new trade mark.

There were some new laws being debated on this aspect but I'm not sure if anything has actually come into affect.

Private Reply to Anuradha Sarup

Sep 28, 2008 4:55 amre: re: re: Difference between a Brand Name & a Trademark??#

Ritu
Thanx Anuradha for clarifying my doubt....is their any international protection of Intellectual property rights?? or are they protected only in the countries where they have been registered??

Private Reply to Ritu

Sep 29, 2008 12:59 pmre: re: re: re: Difference between a Brand Name & a Trademark??#

Anuradha Sarup
I'm totally in the realm of 'thinking' here Ritu :-) but I 'think' there IS international protection available ... but it's more a protection of being known... like in the case of Coca Cola, Reebok etc which have become such strong brands that no one anywhere in the world who can say they do not know about it and claim ownership / operate under those names.

I think, (again :-) One of the UN bodies deals with international litigation of this nature as well. Ofcourse in the super big leagues!

Private Reply to Anuradha Sarup

Oct 02, 2008 5:34 amre: re: re: re: re: Difference between a Brand Name & a Trademark??#

Ritu
Yeah Anuradha all this stff is so damn confusing...at different times i've read conflicting views

1. There IS an international body WIPO which is supossed to protect the IPs registerd in any member country in all other member countries.

2. One is supossed to register the IPs seperately in all the countries where protection of IPs is sought.

Thanx for sharing your THOUGHTS. That is a good line of reasoning. :-)

Private Reply to Ritu

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