What Is a Trademark?

Last updated December 8, 2024

A trademark is an important business tool that distinguishes your company from similar products. Trademarks can be words, numbers, symbols, or designs that identify your goods and services. They make it easy for customers to associate your company with quality and performance and can protect your brand and reputation.

You should register your trademark to protect your brand. Registering a trademark also gives you legal rights if anyone tries to infringe on your intellectual property rights. For legal information about trademark law, talk to a trademark attorney.

Trademark Identification

A trademark is a word, phrase, or design that identifies your company, products, or services. Trademarks are unique identifiers that can help you distinguish your goods and services from similar products. You can identify registered trademarks by registration marks, including:

  • TM™: The TM mark is for unregistered trademarks. The registered trademark symbol is for officially registered trademarks.
  • R in a circle®: You have to register with the United States Patent and Trademark Office (USPTO). You must register your trademark before you can use the federal trademark registration R in a circle. Registered trademarks are for goods. Coca-Cola’s logo, Nike’s swoosh, and Rolex’s crown are examples of well-known trademarks. These unique brand name marks distinguish these products from other soda, shoe, and watch companies.
  • SM℠: Service marks are for services. Examples of a service mark could include Amazon, Uber, or FedEx. These companies provide services, and the service mark distinguishes these companies from others.

Trademark Rights and Protections

Without trademark protections, consumers may get confused. They can’t make informed decisions about purchases between one brand and another.

Intellectual property laws give trademark owners the exclusive right to use their symbol for their products. Other businesses can’t use a substantially similar trademark for similar products. If another company offers a similar product, they have to use their own unique trademark to distinguish the product.

Trademark Registration

Registering your trademark gives you more legal protections if another company tries to use your logo to sell a similar product. Once you choose a trademark for your product, you can do a trademark search on the USPTO website to see if it’s already in use.

You have to identify the mark, style, sound, or character format for the trademark. You also have to associate your trademark with a specific good or service. You can go through the application process without a lawyer, but a trademark lawyer can help you avoid the pitfalls of making a mistake on your trademark application. For legal help with trademark registration, talk to an experienced lawyer.

Trademarks for Future Use

If you have a product or service that you plan to launch in the future, you can file a trademark application on an “intent-to-use” basis. This can be helpful in competitive markets. You have a limited time to put your trademark into commercial use after filing. The mark must be out for use within six months to three years after applying for the intent-to-use trademark. This method helps to protect the trademark from infringers from the date of application and not from the date of use.

Trademark Violations

Once a business uses a trademark, other businesses can’t infringe upon the rights of that trademark. If you find another company using your trademark without consent, you can demand that they stop. This generally starts with sending a letter to demand that they cease and desist from using the trademark. If that doesn’t work, you can file a lawsuit for trademark infringement.

Filing a lawsuit serves two purposes. The main purpose is to prevent the other business from using the trademark in the future. This usually involves an injunction or court order to stop using the mark. The lawsuit can also help you get compensation for damages caused by the illegal use of the trademark.

Damages for trademark infringement can include actual damages. Actual damages include the harm done to your company and the infringer’s profits. If you register your trademark with the USPTO, you can also get statutory damages. You can get statutory damages per infringement, even if you don’t suffer any financial loss. In some cases, you can also get attorney’s fees for the cost of the lawsuit.

Other Types of Intellectual Property Protection

Trademarks are for identifying goods with a word, phrase, or design. There are also other types of intellectual property protections, including patents and copyrights.

Original works of authorship, like music, movies, or novels, have copyright protections. Creators can protect their tangible works by registering them with the U.S. Copyright Office. Copyright laws automatically apply when you create the work in a tangible form. But copyright registration gives you more legal safeguards against copyright infringement.

Patents are for technical inventions, like machinery, chemical compositions, or mechanical designs. Inventors can file a design patent application to protect their invention from others trying to copy the invention. The patent application is generally more complicated than copyright or trademark applications.

Working with a lawyer can help ensure the proper protection of your trademarks. A lawyer can also hold any infringing businesses accountable for using your trademark. A trademark lawyer can explain the registration process and defend your company against trademark violations.

Federal courts have jurisdiction over most registered trademark disputes. However, some intellectual property issues can depend on state law. For questions about registering and protecting your trademark, talk to a local trademark attorney.

Was this helpful?

Your Next Step

Enter your location below to get connected with a qualified Trademark attorney today.

Additional Trademark Articles

Search for an Attorney