In technology, the name Apple is synonymous with cutting-edge design. Take a moment to visualize M-shaped golden arches, and I bet your brain is screaming McDonald’s — you might even catch the phantom scent of fresh-cooked fries. The names and logos of the brands we love are powerful images that represent more than meets the eye.
In business, certain symbols and words have evolved beyond mere identifiers. Over time, they have come to embody the values, personality, and promise these renowned businesses make to their customers. This makes them valuable assets that must be protected through trademarking.
The power of a well-established trademark is undeniable. But what exactly is a trademark, why is it such a critical part of intellectual property, and how can you get one for your business?
What is a Trademark?
A trademark is a type of intellectual property that identifies and distinguishes a company’s products or services from its competitors. It can be a word, phrase, symbol, design, or a combination of these elements that help consumers navigate the marketplace, separating the genuine from the fake and the high-quality from the subpar.
Trademarking also serves as a powerful tool for brand recognition, fostering customer loyalty, and driving business growth.
But beyond these benefits, trademarks also help protect businesses. If you register a trademark, you gain exclusive rights to use that mark in connection with your goods or services. This means that no other business can use the same or a similar mark in a way that might confuse consumers or dilute your brand’s reputation.
In addition to traditional trademarks, you can also protect your services using service marks. These function the same way as trademarks but specifically apply to the services you offer rather than physical products.
When a trademark becomes widely recognized and trusted, it can transcend its original product category and become a cultural icon, inspiring hope for your brand’s future.
Types of Trademarks
While most people are familiar with the classic word marks and logos, businesses can use other trademark types to protect their brand identities. Let’s take a closer look at some of the most common types:
Word marks
These trademarks consist of a single word or a combination of words, such as “Nike” or “Just Do It.” Word marks protect the name of a product or service and can be a powerful way to build brand recognition.
Figurative marks
Figurative marks incorporate non-textual elements such as characters, stylized fonts, layouts, graphics, or colors. They can involve only visuals or combine visuals with words. Famous examples include the Apple logo, Nike swoosh, and McDonald’s golden arches – all highly recognizable representations.
Combined marks
As the name suggests, combined marks are fusions of word marks and figurative elements. They feature a company’s name stylized in a specific font or integrated with a graphic element. Coca-Cola’s signature script logo is a great example of a combined mark.
Sound marks
Believe it or not, sounds can also be trademarked. Sound marks protect audio cues associated with a brand, such as the Intel jingle or the MGM lion’s roar.
Color only marks
Sometimes, a specific color or color combination without contours can be so closely associated with a brand that it qualifies for trademark protection. Tiffany & Co.’s iconic robin’s egg blue and UPS’s brown are examples of color marks.
Scent marks
While less common, you can trademark a distinctive scent associated with a product. For example, Play-Doh owns the trademark for its nostalgia-inducing scent. However, perfumes can’t be trademarked because the scent of a perfume is part of the functionality of the product, rather than being an additional brand asset.
Trademarks vs. Other Intellectual Property
While trademark, copyright, and patent all fall under the IP umbrella, each type of protection serves a different purpose. Let’s break down how trademarks differ from other forms of IP.
Trademarks vs. patents
Patents are designed to protect inventions, such as new machines, processes, or compositions of matter. They grant inventors exclusive rights to make, use, and sell their inventions for a set period. Trademarks, on the other hand, protect brand identity rather than inventions. They distinguish your products or services from those of your competitors.
So, a patent might protect the innovative technology behind a new smartphone, or a new perfume composition. On the other hand, a trademark would protect the phone’s brand name, logo, and other identifying features — or the scent added to Play-Doh!
Trademarks vs. copyrights
Copyrights protect original creative works like books, movies, designs, music, and art. They give creators exclusive reproduction and distribution rights for a set time (usually the creator’s lifetime plus 70 years). While a trademark protects a brand’s identity, a copyright protects the creative expression.
For example, if you write a novel, copyright law would protect the text of your book from being copied or reproduced without your permission. But if you want to protect the name of your book series or its logo, you’d need to turn to trademark law.
Trademark vs. trade secrets
A trade secret is some piece of confidential information that gives a company a competitive advantage. It can be a manufacturing process or the result of research that is not publicly known.
Unlike trademarks, trade secrets are not publicly registered or disclosed—companies actively safeguard them through non-disclosure agreements. Coca-Cola’s secret soda recipe would be considered a trade secret, while its name and logo are protected as trademarks.
How to Register a Trademark
This is yet another important step in protecting your brand identity. Don’t panic. It is not a daunting process. But if you can’t navigate it, follow these easy-to-understand steps.
Research
Our trademark search can show you potential conflicts, exploring the USPTO’s database with state-of-the-art AI. It’s also wise to search state databases and do a general online search to ensure your proposed mark isn’t too similar to any existing trademarks in your industry. Thorough research upfront can help avoid issues later.
Prepare your application
Once you’ve cleared the search hurdle, file a trademark application with the USPTO. You’ll need to provide your business information, the mark you want to register, and the categories of goods/services you plan to use it for. It’s essential to be as specific as possible here, as your trademark protection will only apply to the categories you list in your application.
File a trademark application
File your trademark application online through the USPTO’s Trademark Electronic Application System (TEAS). After you’ve submitted your application, it will be assigned to a USPTO examining attorney for review.
So make sure you check your application’s status using the Trademark Status and Document Retrieval (TSDR) system. Respond promptly to any office actions or requests from the assigned examining attorney.
Receive a decision
The attorney will check your application to ensure it meets all the legal requirements for registration. If there are issues, you’ll receive an “office action” outlining what you need to correct or clarify.
If approved, your trademark will be published in the USPTO’s Official Gazette for a 30-day opposition period. This allows other businesses to contest registration if your mark conflicts with their trademarks.
If no oppositions are filed, your mark will be registered, and you’ll receive a registration certificate (for use-based applications).
For intent-to-use applications, you’ll get a notice of allowance instead. Within six months, you must then file either:
- A Statement of Use including evidence (like product labels or ads) that you’re using the mark in commerce for the listed goods/services.
- A request to extend the deadline.
Your mark will be officially registered once the USPTO accepts the Statement of Use. This confirms your legal rights to the trademark.
Maintain your registration
Keep in mind that trademark registration is not a one-and-done process. To maintain your registration, you must file periodic renewal documents with the USPTO and continue using your mark in commerce. This includes filing specific maintenance documents between the 5th and 6th years after registration and again between the 9th and 10th years.
Trademark Symbols: What Do TM and ® Mean?
You’ve likely seen the small symbols that often accompany brand names and logos. Trademark symbols like TM, SM, and ® play an important role in trademark law.
The TM Symbol
TM indicates an unregistered trademark. When a company uses the ™ symbol, they assert trademark rights but acknowledge the mark has not been officially registered with the USPTO.
While not registered, unregistered trademarks represented by TM are still protected under common law. This provides the company with certain limited legal rights to the mark.
The ® Symbol
Properly placed, the ® symbol denotes a trademark officially registered with the USPTO. Registration offers full federal trademark protections and rights and proves that the owner has made their mark official.
It’s crucial to understand the registration status of a mark before applying TM or ®. Claiming the ® without a valid registration can result in legal consequences.
Trademark Infringement
Trademark infringement happens when someone uses a trademark that’s too similar to one already registered or used by another company or person, either deliberately or inadvertently. Trademarks are protected brand assets, and anything that could be mistaken for a registered trademark is prevented from being used in that particular industry.
Whether intentional or not, unauthorized use can lead to confusion among consumers and damage the reputation and brand identity of the original trademark owner.
To figure out if infringement took place, courts typically consider a few factors, among others:
- How alike the marks appear
- If the goods or services overlap
- How well-known and distinctive your trademark is already
- Evidence of actual confusion
If the duplicate use is likely to mislead or confuse the average customer, it may count as infringement. So, be sure to do a trademark search before choosing a new name or logo. Branding is everything, and infringement battles are best avoided.
Famous Trademark Disputes
Throughout history, several high-profile trademark disputes have captured public attention and shaped the landscape of trademark law. These cases often involve well-known brands, and their outcomes can have significant implications for businesses and consumers. Let’s take a look at a few:
Apple Corps v. Apple Computer
One famous example is the long-running dispute between Apple Inc. and Apple Corps Ltd., the holding company created by The Beatles. The dispute began in 1978 when Apple Computer (now Apple Inc.) agreed to stay out of the music business to avoid infringing on Apple Corps’ trademark.
However, the two companies were at odds as technology evolved and Apple Inc. began selling music through iTunes. The dispute was eventually settled in 2007, with Apple Inc. owning all trademarks related to “Apple” and licensing certain trademarks back to Apple Corps.
Louis Vuitton v. Louis Vuiton Dak:
In 2019, luxury fashion brand Louis Vuitton filed a trademark infringement lawsuit against a small, family-owned Korean restaurant in Sydney, Australia, called “Louis Vuitton Dak.” The restaurant’s name, which translates to “Louis Vuitton Chicken,” was a playful reference to the popularity of the luxury brand in South Korea.
However, Louis Vuitton claimed that the unauthorized use of its trademark confused consumers into believing in an affiliation. This garnered significant media criticism of Louis Vuitton for targeting a small business. The court initially ordered the restaurant to pay $14.5 million for not complying after changing its name to LOUISVUI TONDAK.
Both cases demonstrate how far companies will go to assert their trademark rights, sometimes with questionable results.
So, when deciding on a trademark, ensure you’re not mirroring another company. It’s best to err on the side of caution to avoid intellectual property mistakes.
Your Brand Deserves Protection
In today’s crowded marketplace, establishing a solid brand identity is key to standing out from competitors. That’s where trademarks can help secure your business’s most valuable assets, including its name. Ready to start your search? Try our free trademark search to get started or choose a premium tradmark report for the ultimate peace of mind.
