Elements of a Brand and Its Distinction from Trade-Mark

Elements of a Good Brand

It is generally a difficult decision to select any brand, for the producer-firm, for its produced goods. Although no legal restriction is there regarding the selection of a brand, yet the marketing managers are required to keep enough of care and precaution in selecting the brand. While selecting the brand, the following qualities must be essentially borne into consideration:

(1) Indicative of the Qualities or Merits of the Product. The brand which is selected must be capable of expressing the max­imum qualities of the products.

(2) No Confusion about the Product. It must not be lead­ing to confusion to the consumers.

(3)   Simple and Brief. The brand must be brief so that the people could easily remember it, e.g. Murphy, Bush, Amul, Cibaca, Dalda, etc.

(4) Simple to Pronounce. It must be capable of being easily spoken or pronounced.

(5)   Facility in Advertising. The brand must be such that by means of any advertising medium, it could be used to publicize the same.

(6)   Attractive. The brand should be such that it could be melodious in hearing and could attract consumers.

(7)   Not Vulgar. From social point of view, the brand should not be vulgar or obscene.

(8)   Facility in Registration. The brand should be such that there is not much problem in getting it registered.

(9)   Specific. It must be specific and it must contain some dif­ferentiating characteristics, compared to other products.

(10)Economical. There must not be much expenditure to be incurred in getting the brand printed on the label or packet during the advertising campaign.

Meaning of 'Brand'

Brand is a name, symbol or design whose main purpose is to distinguish the products of any seller or organization with the rival products.

Meaning of 'Trade-Mark'

If, any brand has got legally registered, it would become the Trade-Mark.

Distinction between Brand and Trade-Mark

The following are the distinctions between the brand and trade-mark:

(1)   Registration. Brand is merely a word, symbol or a design. If it is got registered under law, it becomes a trade-mark. But the brand is not required to be legally registered.

(2)   Action against Imitating. If the brand has been copied out by some other concern competing the business, no legal proceed­ings against it could be undertaken for the same. As against it, if someone imitates the `trade-mark', the body might be legally sued for.

(3)   Scope. The scope for brand is limited while the trade­mark is quite extensive in its sphere.

(4)   Use or Utilization. When the brand has been got regis­tered, it becomes the trade-mark and its use could be permissible to the same body or undertaking only. Against it, one and the same brand might be used by various manufacturers, producers or sellers.

(5)   All the Brands are not the Trade-Marks. All the trade-marks have to be brands, but all the brands are not the trade-marks.