What is a Trademark?
A trademark is a word, phrase, symbol, design, or any combination of these elements that identifies and distinguishes the source of goods or services from one party to another. It is what allows consumers to recognize your brand in the marketplace and associate it with a certain level of quality, trust, and reputation. Think of it as the legal foundation behind your brand identity.
A service mark functions the same way as a trademark, except it identifies and distinguishes the source of a service rather than a physical product. In practice, the terms “trademark” and “mark” are commonly used to refer to both. A mark for goods typically appears on the product itself or its packaging, while a service mark generally appears in advertising for the services being offered.
Types of Trademarks
Trademarks come in many forms. The strength of a trademark depends on where it falls on the spectrum of distinctiveness.
Protect a specific name, phrase, or slogan regardless of how it is displayed visually.
Protect a logo or stylized graphic element that identifies your brand.
Cover both a word and a design used together as a single trademark.
Sound marks, color marks, and even trade dress — which protects the overall visual appearance or packaging of a product — can also be registered under certain circumstances. Marks that are fanciful, arbitrary, or suggestive receive the strongest protection. Descriptive marks can only be protected if they have acquired secondary meaning. Generic terms can never function as trademarks.
Trademarks vs. Patents vs. Copyrights
Protects brand identifiers, the names, logos, and slogans that distinguish your goods or services in the marketplace.
Protects inventions, granting the holder the right to exclude others from making, using, or selling the invention.
Protects original works of authorship, such as literary, musical, and artistic works, safeguarding the form of expression rather than the underlying ideas.
Many businesses benefit from a combination of all three. Our attorneys can help you evaluate which forms of protection apply to your particular situation and build a comprehensive intellectual property strategy.
Protect Your Brand Today
At Lambert Shortell & Connaughton, our registered patent and trademark attorneys work exclusively in intellectual property law. Whether you need to register a new trademark, defend an existing mark, resolve a dispute before the TTAB, or expand your brand into international markets, we are here to help.