Kelley Keller

Trademark Attorney & Business Legal Coach for Digital Entrepreneurs

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Brand Name, Product Name, Business Name – What’s the Difference?

September 22, 2019 By Kelley Keller

Brand Name, Product Name, Business Name – What’s the Difference?

Did you know that a brand and business are not the same thing? The names could match, but they’re not the same thing.

Did you know that a product and a brand are not the same thing? Again, the names could match, but they’re not the same thing.

Are you confused? Don’t worry. You’re not alone.

The terms brand, product and business are often used interchangeably when they’re referred to by name, but from a legal point of view, they’re very different things. You need to understand those differences or your business, brand, and products could be in jeopardy in the future.

Let’s take a closer look.

What is a Business Name?

Your business name (also referred to as your trade name) is the name that you register with your state to operate. You use it on your bank account, your tax forms, and other legal documents. For example, Nike, Inc. is the business name of the Nike company.

What is a Brand Name?

A brand name is the name that you use to identify the family of products or services that you offer or a single line of products or services that you offer. For example, Nike is the brand name used on most products manufactured by Nike, Inc. In this example, the business name and brand name are the same.

However, a business name and brand name don’t have to be the same. Many companies have many brands. For example, Apple is a company with many brands such as iPad, iPhone, iPod, and Mac.

What is a Product Name?

A product name could be as generic as “car” but with so many products and services on the market, businesses create more unique product names to differentiate their products from competitors’ products. In this case, a product name identifies a specific product or service and becomes a brand name when the company starts using it.

For example, the Toyota company operates using Toyota as its company name, and its products are cars. To differentiate its cars from the competition, the company brands them with the Toyota brand name (in addition to its Lexus and Scion brand families), and within the Toyota brand family, there are sub-brands like Corolla, Camry, and Sienna. But that’s not all. Within those sub-brands, there are specific product models like the Toyota Sienna CE, the Toyota Sienna LE, and so on.

A company’s brand architecture can get as deep as a well-researched family tree!

What Does This All Mean?

Bottom-line, your business name, brand name, and product or service name could all match, but they don’t have to. They’re different things and whether or not they match, they all need to be properly cleared for use and protected or you could find yourself in expensive trouble in the future.

Here’s what you need to do:

1. Business Name

You need to clear your business name at the state level to start operating, and you need to determine if you’ll be using your business name as a brand name, too. If so, make sure you follow the steps in #2 below.

2. Brand Name

You need to do a comprehensive trademark search to ensure your brand name is clear for you to use and then apply for a trademark registration for that name so you can protect it and grow your brand in the future.

3. Product Name

Once you start using a product name in the marketplace, it becomes a brand name and should be cleared and protected as a valuable company asset. You should conduct a trademark search to ensure the name is clear for you to use. Once the name is cleared, you should apply for a trademark registration for that name so you can protect it and grow it as a brand in the future.

Never underestimate the power of a brand! Your brand names have value, so make sure you protect them!

About Kelley Keller

Kelley Keller, Esq. is an intellectual property (IP) attorney, speaker, and educator with two decades of experience in the IP field. She works with individuals and businesses in a wide variety of industries helping them transform their ideas, knowledge, and innovation into valuable business assets that drive profits. Kelley offers education to established businesses, startups, entrepreneurs, corporate executives, non-profits, government agencies, legal professionals, and students about starting and growing a business as well as about IP, social media law, and the importance of protecting valuable brand assets and creative work.

Comments

  1. Carmella says

    February 11, 2019 at 7:27 am

    Hello Ms. Keller I have a service to trademark and a product idea to trademark. Can you help me if its not too expensive. Thank you!

    Sincerely,
    Carmella Shumate
    (810)429-6223

    Reply
  2. AKANSHA CHAUDHARY says

    April 27, 2019 at 9:24 am

    Thanks for such clear explanation.its rare to find someone who guide you to the point.

    Reply

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What People are Saying about Kelley Keller

Lisa Frederiksen | Author, Speaker, Trainer, Consultant at BreakingTheCycles.com

Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
2016-04-23T10:27:42-05:00
Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
http://kelleykeller.com/testimonials/lisa-frederiksen/

Kelly Phillips Erb | Senior Editor at Forbes

Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right.

Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
2016-04-23T10:42:43-05:00
Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right. Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
http://kelleykeller.com/testimonials/kelly-phillips-erb-senior-editor-forbes/

Charlotte Avery | CEO at Being Charlotte Avery

Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley.

Kelley, THANK YOU for EVERYTHING!!!
2016-04-23T10:46:03-05:00
Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley. Kelley, THANK YOU for EVERYTHING!!!
http://kelleykeller.com/testimonials/charlotte-avery-ceo-charlotte-avery/

Ruth Koup | Founder of Suits to Careers, Inc., Dress for Success South Central PA & Tied to Success

Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
2016-04-23T10:49:27-05:00
Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
http://kelleykeller.com/testimonials/ruth-koup/

Matt Bloom | Founder & CEO of CRIMEWATCH Technologies, Inc.

Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
2016-04-23T10:53:29-05:00
Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
http://kelleykeller.com/testimonials/matt-bloom-founder-ceo-crimewatch-technologies-inc/

Zachary Ziegler | Brewmaster at Molly Pitcher Brewing Company

Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
2016-04-23T10:54:48-05:00
Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
http://kelleykeller.com/testimonials/zachary-ziegler-brewmaster-molly-pitcher-brewing-company/
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