What is a trademark?

A trademark is a unique identifier that distinguishes your business's products or services from competitors. It serves as a visual, audible, or sensory signal that tells consumers "this product or service originates from this specific company."

Trademarks can consist of any visually representable sign, including names, graphics, sounds, colors, or even three-dimensional shapes. The primary purpose is to prevent consumer confusion and protect your brand's reputation in the marketplace.

What Constitutes a Trademark?

Not every business identifier qualifies for trademark protection. To understand what is a trademark in legal terms, a sign must be capable of distinguishing your offerings from competitors.

Common examples include:

• Words or phrases: Slogans like "Just Do It" or brand names like "Apple"
• Logos and symbols: Visual designs like the Nike swoosh or McDonald's golden arches
• Three-dimensional shapes: Distinctive packaging like the Coca-Cola bottle
• Sounds or jingles: Audio logos like Intel's distinctive chime
• Distinctive colors: Specific shades consistently associated with brands, like Tiffany blue

Using “TM” (for goods) or “SM” (for services) indicates you claim a mark. After registration, you may use the ® symbol and enforce your rights nationwide.

Explore more about what can and cannot be trademarked., complete with real-world examples.

Brand vs Trademark: Understanding the Difference

Brand represents the overall perception consumers have of your company, including its reputation, visual identity, values, and customer experience.

Trademark is the legal tool that protects specific brand elements, granting you enforceable rights over the names, logos, or designs that represent your business.

Think of your brand as the emotional connection with customers, while your trademark provides the legal framework to protect that connection.

What Are Trademark Laws?

These are legal frameworks that govern how trademarks function in different jurisdictions. Every region has its own rules governing how trademarks work.

These laws define:

• Eligibility requirements: What types of signs qualify for trademark protection
• Rights conferred: The scope and duration of protection (usually 10-year renewable terms)
• Infringement standards: Actions that constitute unauthorized use and available legal remedies
• Enforcement procedures: How to file oppositions, cancellations, or lawsuits
• International treaties: Agreements like the Paris Convention and Madrid Protocol for cross-border protection

Understanding these legal frameworks ensures you can both secure and defend your mark effectively.

Why Trademarks Matter in Business

A strong trademark does more than prevent copycats, it’s a strategic asset.

With the right mark, you:

• Build instant brand recognition
• Shield customers from confusion and ensure consumer trust
• Gain legal recourse against imitators
• Create a licensable asset of measurable financial value
• Maintain ongoing protection, as trademarks can be renewed indefinitely

Companies like Apple, Nike, and Coca-Cola have built billion-dollar valuations largely on the strength of their trademark portfolios, demonstrating the long-term value of strategic trademark protection.

Trademark Ownership vs Registration

You own a trademark as soon as you use it in commerce: rights arise by use, but only in the geographic area where you sell. To gain nationwide (or broader) rights, you must register your mark with the relevant office (e.g. USPTO, EUIPO).

• Common-law rights:
  Arise automatically upon use, limited to local regions.

• Registered rights:
  Obtained by filing an application; provide:

  • Exclusive nationwide rights
  • Public notice of your claim
  • Access to specialized enforcement mechanisms
  • The right to use the ® symbol

Example: If you sell handmade jewelry at a local market, you “own” your logo there. To prevent others using it across the country, you’d file for federal registration.

What Does It Mean to Be a Registered Trademark?

Registration elevates your trademark from local common law protection to federal legal recognition with enhanced rights.

A registered trademark:

• Covers the entire country or region of registration
• Allows you to stop unauthorized use and seek monetary damages
• Requires periodic maintenance including renewals and proof of continued use
• Enables use of the ® symbol to indicate official registration status
• Provides legal presumptions that strengthen your position in disputes

Using TM, SM & ®

• TM (for goods) or SM (for services) signals your claim, even before filing.
• ® may only be used once your trademark is registered, and only in connection with the listed goods/services.

Always display trademarks visibly, typically in superscript to the right of the mark, to alert competitors and consumers to your rights.

How to Register a Trademark

Getting from concept to registered mark follows a standard path:

1. Conduct a comprehensive search: Identify existing marks that may conflict with yours
2. Select appropriate classification: Choose the correct Nice Classification classes for your goods/services
3. Prepare and file your application: Submit your mark, specimen of use, and required fees
4. Examination phase: The trademark office reviews for distinctiveness and potential conflicts
5. Publication and opposition period: Third parties may oppose your application during this window
6. Registration and maintenance: Once registered, monitor use and file renewals on schedule

The entire process typically takes 8-18 months and costs vary by jurisdiction and complexity of your application. For a detailed, step-by-step walkthrough, see our dedicated guide: How to Register a Trademark.