In our circles, the discussion of intellectual property is nearly a daily occurrence. For some businesses, their intellectual property is the most valuable asset they have. We’ve helped many Texas businesses develop domestic and international brand management strategies. You can follow the link above to get more information about Stanfield and Dupre.
But one of the most common questions we get from clients is concerning what the difference is between a brand name and a trademark. In a legal context, these are different concepts completely. Although both brands and trademarks often become synonymous with the product, protecting the IP (intellectual property) is essential to long-term growth.
A trademark is a registered brand or trade name. A brand name identifies a specific product of name of a business. Brand names are often used without permission and don’t have much in terms of legal protection.
Trademarked names fall under what’s called “fair use” protection. Outside of “fair use” example, like writing about a pair of Nike shoes in a social media post, a trademarked term can’t be used on another businesses’ branding.
If you have additional questions, be sure to get in touch with the team here at Stanfield and Dupree for a consultation.