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Trademark — is an identifiable slogan, symbol, or marking that distinguishes a product from other ones. Trademark shows that this product belongs to a certain company and is considered its intellectual property. It can be registered and then, be identified by symbols ™ (trademark) and ® (registered trademark). The owner should use the trademark regularly to get protection for it.

Trademark and Brand

Trademark and the brand are related definitions, but they are different. A trademark is an assemblage of various images and associations that help a certain product to communicate with clients and be recognizable among competitors. The trademark appears when the owner has developed a unique design, slogan, and identity. 

The word "brand" means the specific properties of a product that became recognizable among consumers. Brand should be associated with positive things to become popular. A trademark becomes a brand through marketing communication when a consumer has learned about it and remembered it. Also, it is necessary to remember that not all brands are trademarks.

The higher the brand awareness, the stronger the brand of the company. Brand awareness is the ability of the target audience to recognize or remember the company's trademark at the time of making a choice or immediately before purchasing a product. Brand awareness influences product competitiveness and long-term growth opportunities.

Trademark and Service Mark

The words trademark and service mark seem similar, but they have different definitions. The service mark is a name registered to single the services of the company out of the other providers. It is related to the services and not to goods. 

There are some similarities between these two definitions. They both identify a certain product or company and help it to be recognizable to the clients. They both are intellectual property. Trademark and service mark can be sold, purchased, and licensed. Also, they have similar registration procedures. Then, they both should be protected from unlawful use.

To define the differences between trademark and service mark it is necessary to distinguish them and understand whether the firm is the provider of the product or service. To do so, it is necessary to define the needs of the consumer concerning a certain company.  If the consumer asks: «What can you make for me?», this is a product. If the consumer asks: «What can you do for me?», this is a service. However, some companies provide both these things. 

Crucial traits of trademark and service mark:

Trademarks can be utilized for anything.

Service marks can be utilized only for services.

Trademarks are related to the source of a product created or sold by a company. 

Service marks are related to the origin of the service.   

Trademarks are marked by the symbol “TM".  

Service marks are marked by the symbol “SM”. 

Trademarks are related to the products (food, technique). 

Service marks are related to the service (designing, gardening).

Trademark, Patent, and Copyright

These definitions describe the various types of intellectual property. Trademark is a design or identity that distinguishes the company from its competitors. Copyright is right that gives an owner the exclusive possibility to distribute, copy and perform a creative output during a certain period. A patent is a right that doesn’t let other individuals sell or buy a certain invention during a defined period.

There are several types of patents:

  • Utility patent is provided for inventions related to a certain process, mechanism, or composition, or for the improvement of the previous invention.
  • Design patent is provided for the new design of a certain product. This patent protects the appearance, not the functionality.
  • Plant patent is provided for the creation or discovery of vegetative propagation, new plant species, cultivated varieties, and other selection inventions.    

It is necessary to understand the exact difference between these types of registration to select the appropriate one. The ownership of intellectual property is a serious thing because it is related to the payment for intellectual labor. It allows the creator and their family to receive royalty for a long-time period, be indicated as the collaborator, and fight brand piracy. 

Crucial traits of trademark, patent, and copyright:

Trademark is a design, a slogan that identifies the product among the other ones and indicates its source. 

Patent is a technological innovation like a medical product, mechanism, or machine design that had never been used before.   

Copyright is an artistic or intellectually created work. 

Name of a brand.

Type of mechanism.

Song, music, movie, book, software, photo, painting, and digital art. 

It protects the identity from usage by other companies with similar products and services. 

It protects the inventions from copying and selling without the inventor’s permission. 

It protects the right of an author to perform the created work and doesn’t let others copy or use it without the author’s permission. 

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