What is a Trademark?
As a business owner you spend a lot of time researching your market, developing your product or service, building your client list, and refining your business processes. But have you ever considered developing a logo, phrase, symbol or design to personify your business? If so, an even more important question is, would you be interested in protecting that logo, phrase, symbol or design so that only you have the right to use it? If the answer is yes, then you should explore the idea of getting a trademark.
What is a trademark?
A trademark can be any word, phrase, symbol, design, or a combination of these things (typically referred to as a “mark”) that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors. It can often be a symbol of a person’s or company’s identity, reputation, and value. Legally speaking a trademark:
Identifies the source of your goods or services.
Provides legal protection for your brand.
Helps you guard against counterfeiting and fraud.
By filing for a federal trademark registration, you may be granted nationwide legal protection for your brand in connection with particular goods or services. If granted the trademark would be protected from being registered by others without permission and helps you prevent others from using a trademark that is similar to your trademark.
Examples of famous trademarks
Amazon: The name of the largest online retailer and e-commerce company in the world. The logo features a smile-shaped arrow that connects the letters A and Z and represents customer satisfaction and variety.
Nike: The "swoosh” was designed by graphic designer Carolyn Davidson in 1971. Then in the late 1980s, the brand also introduced its now famous “Just Do It” slogan and registered it in October 1989.
Google: The name is derived from the word “googol”, which means a number followed by 100 zeros. The logo features the company name in colorful letters that change according to different occasions and events.
Mercedes-Benz: The name comes from the merger of two companies: Daimler-Motoren-Gesellschaft (DMG) and Benz & Cie. The logo features a three-pointed star that represents land, air, and water mobility.
McDonald’s: The name comes from the surname of the founders, Richard and Maurice McDonald. The logo features two golden arches that form the letter M and represent stability and reliability.
Netflix: The Netflix’s iconic “ta-dum” sound. Academy Award-winning sound designer Lon Bender worked on these few seconds of intro sound.
Starbucks: The name comes from a character in Herman Melville’s novel Moby-Dick. The logo features a stylized image of a siren, a mythical creature that represents seduction and allure.
Common Misconceptions of Having a Trademark
A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.
Another common misconception is believing that choosing a trademark that merely describes your goods or services is effective. Creative and unique trademarks are more effective and easier to protect. Think of your trademark as being on a spectrum of distinctiveness. The spectrum from left to right offers more protections:
Generic, Descriptive, Suggestive, Arbitrary or Fanciful
Some may assume that if they create a specific term, they will be granted a trademark. That is not always the case. For example, if a competitor launches a similar product or service before you start your business and create your mark, then there may be a cause for confusion as to sight, sound and commercial impression. In other words, until you actually use the mark in commerce in connection with your specific good or services, your company does not own or have a right to the underlying intellectual right in the term. Therefore, obtaining a trademark has a component of being first in time to use a mark and file for the trademark before competitors deploy in commerce similar products or services.
In our next blog we will discuss how the word “trademark” can refer to both trademarks and service marks.
If you have any questions regarding trademark law or the federal process used to obtain a trademark, we would be happy to help.