Тrademark or Brand: Which Is Greater?

Everyone is familiar with the term “brand” or “branding,” but not many truly understand what the term encompasses or how it originated. Historians assure us that branding began surprisingly long before modern marketing, supporting their claims with facts and data dating back thousands of years. They find meaning in the early practices of branding through the human need for identification, differentiation, and building trust in what they produced. From the times of Ancient Egypt and Mesopotamia, objects made from wood and clay have been discovered, marked with hot iron stamps or engraved symbols and letters. In both cases, the essence was the same — to mark the product, distinguish it from others, and show its origin or maker.

Branding began as a simple mark of ownership and has evolved into a powerful psychological and cultural tool. In today’s world, it’s a matter of meaning, reputation, and connection — much more than just a logo.

To understand the difference between the terms “trademark” and “brand,” we must first grasp the essence of each and what they represent. Though often used interchangeably, trademark and brand refer to different concepts.

A trademark is a legal tool that protects a sign (logo, name, slogan) by which a company is identified, and safeguards it from unauthorized use by others. It provides exclusive rights to its owner, ensuring that no one else in the market can use the same or similar signs, logos, or symbols.

On the other hand, a brand is a broader and more abstract concept. It represents the overall image and emotional connection that consumers have with a company — essentially, it is the public’s perception of a company, its products, and its services. A brand expresses a company’s identity, values, reputation, and care for its customers. A brand is built over time through serious marketing efforts and interactions with clients and consumers, while a trademark is registered with institutions to protect these elements of the brand.

When does a trademark become a brand? A trademark develops into a brand through consistent and positive user experience, effective marketing, and the provision of quality products and services by the trademark holder. Initially, a trademark serves as a legal identifier. It distinguishes the goods or services of one legal or natural person from those of others. It represents a symbol of origin, a guarantee of quality, and a means of building consumer trust. Over time, a trademark can become recognizable and gain substantial commercial value, turning into a strong brand in the market.

Trademarks are important in creating and building a brand, but the brand is not just the trademark. In other words, a trademark is part of a brand, but a brand is more than just a trademark.

Elements that make up a trademark include: intellectual property rights, a specific word, phrase or image, a mechanism to avoid confusion, and legal protection.

The brand, on the other hand, includes the following elements: a registered trademark, additional slogans, graphics and images, showrooms, product or service content, packaging, company story and reputation, and social media presence.

To better understand these terms and make them less abstract, let’s look at some familiar examples. The Nike logo is recognizable and unique, but the Nike brand is much more than its logo — it evokes sport and athleticism, inspiration, and innovation, all tied into their “Just do it” concept. If we see yellow arches forming the letter M, we immediately recognize McDonald’s. The yellow “M” is enough to know what to expect, in terms of taste and quality, no matter where in the world we are — the quality is consistent, and the “M” inspires trust and familiarity. One of the most recognizable examples today is the Netflix sound logo — that short, rhythmic “ta-dum” sound heard when launching original Netflix content. Though simple, that sound has become a powerful brand symbol. It evokes anticipation, quality, and exclusivity — reminding viewers they’re entering a global, recognizable media universe.

There are countless other examples that could help us see the difference between a trademark and a brand, but regardless of the product or service, the essence remains the same: the trademark protects, while the brand communicates, builds trust, and leaves a lasting impression in consumers’ minds.

Understanding the difference between these two terms is important for many reasons. If we only have a registered trademark but invest nothing in its development, then the product behind that trademark will struggle to break into the market and is unlikely to outperform the competition. On the other hand, if we focus solely on branding and all the brand-related details but neglect legal protection, we leave room for other companies to enter the market with a similar product and a protected trademark.

In short: a trademark is what can be registered and protected, and a brand is what people feel and remember. A clear distinction between the two helps businesses build long-term value: legal protection safeguards, while a good brand inspires and connects.

The conclusion is clear — understanding the difference between these two terms leads to a greater chance of success for any company.

So, don’t let someone else use what you’ve created — protect your logo today.