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Definitions

brand -n. a particular make of goods, b (also brand name) trade name used to identify a specific product, manufacturer, or distributor. The sale of most branded products began in the UK at the turn of the century (some, e.g. Bovril (trade mark) and Horlicks (trade mark), were mid-Victorian) when manufacturers wanted to distinguish their goods from those of their competitors. As consumers became more sophisticated, manufacturers placed more emphasis upon promoting their brands directly to con­sumers (rather than to distributors), spending consider­ able sums on advertising the high quality of their products. Manufacturers believe that if they invest in the quality of their brands, consumers will respond by asking for their goods by their brand names and by being willing to pay a premium for them; manufacturers also believe they will be less susceptible to demands from distributors for extra discounts to stock their brands. For some products (e.g. perfumes and alcoholic drinks), considerable effort has gone into promoting brands to reflect the personality of their likely purchasers, market research has shown that for these products consumers can be persuaded to buy brands that enhance the image they have of themselves.]

own brand n. (also own label, private brand, house brand; (often attrib.) product sold under a distributor’s own name or trade mark through its own outlets. These items are either made specially for the distributor or are versions of the manufacturer's equivalent brand. Own brand goods are promoted by the distributor rather than the manufacturer and are typically 10-20% cheaper to the distributor than an equivalent brand. Own brands are sold principally by chain stores.

trade mark n. symbol secured by law or custom as representing a company, product, etc. It may consist of a device, words, or a combination of these. A trader who registers a trade mark at the Register of Trade Marks, which is at the Patent Office, enjoys the exclusive right to use the trade mark in connection with the goods for which it was registered. Any manufacturer, dealer, importer, or retailer may register a trade mark. Registration is initially for seven years and is then renewable. The right to remain on the register may be lost if the trade mark is not used or is misused. The owner of a trade mark may assign it or, subject to the Registrar's approval, allow others to use it. If anyone uses a registered trade mark without the owner's permission, or uses a mark that is likely to be confused with a registered trade mark, the owner can sue for an injunction and damages or an account of profits. The owner of a trade mark that is not registered in the Register of Trade Marks but is identified with particular goods through established use may bring an action for passing off in the case of infringement.

trade name n. 1 name by which a thing is called in a trade. 2 name given to a product. 3 name under which a business trades.

trade price n. price paid for goods to a wholesaler or manufacturer by a retailer, usually the recommended retail price less the trade discount.

( from the Oxford Dictionary for the Business World)

TRADEMARK "any mark, word, letter, number, design, picture or combination thereof in any form or arrangement, which (a) is adopted and used by a per­son to denominate goods which he marks and; (b) is affixed to the goods and (c) is not ... a common or generic name for the goods or a picture of them, or a geographical, personal or corporate or other association name, or a design descriptive of the goods or their quality, ingredients, properties or functions and; (d) the use of which is prohibited neither by legislative enact­ment nor an otherwise denned public policy." Restatement, Torts §715.

Protection from an infringement up­on a trademark is afforded by the com­mon law action for "unfair competi­tion" once the trademark in question has been sufficiently identified with the goods, see 175 F. 2d 795, and by an action under state law in those states which permit one to register trademarks and which impose civil and criminal penalties for their unlawful infringe­ment, see, e.g., 267 N.Y.S. 2d 269, or by an action under federal law which standardizes the common law action and registers trademarks for persons engaged in interstate commerce. See 15 TJ.S.C. §1051.

( from Law Dictionary by Steven H. Gifis)