Trademark Basics
Essential knowledge for understanding and protecting your trademarks.
What Is a Trademark?
A trademark is a distinctive sign, symbol, word, or combination thereof that identifies and distinguishes the source of goods or services of one business from those of others. Trademarks serve as a badge of origin, allowing consumers to recognize products or services from a particular provider.
Unlike patents (which protect inventions) or copyrights (which protect creative works), trademarks specifically protect the unique identifiers that help consumers recognize your brand in the marketplace.
Key Trademark Symbols
- ™Used for unregistered trademarks, indicating you're claiming rights to the mark
- ®Used only for registered trademarks (illegal to use if not registered)
- ℠Used for unregistered service marks (for services rather than goods)
Types of Trademarks
| Type | Description | Examples | Protection Scope |
|---|---|---|---|
| Word Mark | A trademark consisting of text characters without design elements or stylization. | APPLE, GOOGLE, NETFLIX | Broadest protection for the word itself, regardless of font or stylization. |
| Design Mark / Logo | A graphic symbol, icon, or stylized text used to identify goods or services. | Apple's bitten apple logo, Nike swoosh, Twitter bird | Protects the specific visual elements and design of the mark. |
| Combined Mark | A mark that includes both text and graphic elements together. | Starbucks' name with the siren logo, FedEx with its hidden arrow | Protects the specific combination of text and design elements. |
| Sound Mark | A sound or jingle that identifies a brand's goods or services. | NBC chimes, MGM lion roar, Intel's audio signature | Protects the specific sound that serves as a brand identifier. |
| Color Mark | A specific color used consistently as a brand identifier. | Tiffany Blue, UPS Brown, T-Mobile Magenta | Protects a specific color when used in connection with specific goods/services. |
Trademark Strength Spectrum
Trademarks exist on a spectrum of strength that impacts how easily they can be registered and how broadly they can be protected.
Fanciful (Strongest)
Invented words with no dictionary meaning
Arbitrary
Real words used in an unrelated context
Suggestive
Hints at qualities without directly describing them
Descriptive (Weaker)
Directly describes product qualities (requires secondary meaning)
Generic (Not Protected)
Common name for the product/service itself
Trademark Eligibility Guidelines
Distinctive, Not Descriptive
Trademarks must distinguish your goods/services from others, not merely describe them.
Not Generic
The mark cannot be the generic name for the goods/services it identifies.
Not Confusingly Similar
The mark cannot be likely to cause confusion with existing trademarks.
Not Merely Ornamental
The mark must function as a source identifier, not just as decoration.
No Prohibited Content
Marks cannot include flags, government insignia, or deceptive/scandalous material.
Common Trademark Misconceptions
Business Registration ≠ Trademark Protection
Registering your business name with your state or incorporating does not provide trademark protection. Trademark registration is a separate process at the national level (e.g., USPTO in the US).
Domain Names ≠ Trademark Rights
Owning a domain name does not automatically give you trademark rights to that name. Similarly, having trademark rights doesn't guarantee you can own the matching domain name.
International Protection is Not Automatic
A US trademark registration only provides protection in the United States. To protect your mark in other countries, you must file for protection in each jurisdiction (or use international systems like the Madrid Protocol).
Benefits of Trademark Registration
Legal Presumption of Ownership
Registration creates a legal presumption of ownership nationwide, making it easier to enforce your rights.
Public Notice of Ownership
Registration puts competitors on notice that the mark is protected, deterring potential infringement.
Right to Use ® Symbol
Only registered trademarks can use the ® symbol, which signals official protected status.
Basis for International Registration
A domestic registration can serve as the basis for seeking protection in foreign countries.
Ready to Protect Your Trademark?
Now that you understand the basics, take the next step toward securing your brand identity with professional trademark registration.