What’s In A Brand Name? Ask Companies!

Introduction

Brand name establishes a correlation between the products of the company and the minds of the consumer. Courts have generally used the brand in relation to a trade mark. The term "trade mark" is inclusive of the term "brand" but not all popular brands may be a registered trade mark. Brand name acquires distinctiveness and a secondary meaning in the business and trade circles and people come to associate the brand name with a certain standard of goods and services. Any attempt by another person to use that name in business and trade circles is likely to and in probability will create an impression of a connection with the same group of companies. This article gives an overview of the manner in which courts have recognized protection of popular brand, legal enforcement in the event of abuse of brand and the best practices for legal enforcement of brand name.