They’re broadly the same thing. A brand is the name or logo given to a particular product or service, while a trade mark is the intellectual property right that protects it. Both reflect the way your customers can identify you and your products and services. You choose your brand to set yourself apart and so your customers can find you and repeatedly purchase from you.
If you’re about to launch a product on to the market, here are some of my legal tips to bear in mind:Here’s where marketing and legal collide. Marketing wants a brand name and trade mark that tells a story, something that directly tells the customer about you and your product. Legal want the exact opposite, and there’s a good reason why. Trade marks should not be descriptive of your product or service as this makes them hard to protect, and hard to enforce against infringers.
Hazel Tunney works with Tomkins, a leading intellectual property law firm based in Dublin 6 and servicing clients internationally - see tomkins.com. She will be take part in an online conversation with Gillian Nelis, editor of Food&Wine and Gráinne Mullins, founder of Grá Chocolates on Wednesday August 9 at 4pm. For free access to this Food&Wine Masterclass event, click to register here: https://foodwineexperiences.