Trademarks are a key way to protect your business's identity. They help consumers recognize your products or services and differentiate them from competitors. Words, phrases, logos, designs, or other symbols identifying your business are eligible for trademarks. While you do not need to register a trademark to have some rights, registration provides legal advantages that allow you to stop others from using it. Understanding what to trademark and how to register is important for securing your brand's long-term success.

What Should You Trademark?

Trademarks protect the elements of your brand that help customers recognize and distinguish your business. These include company names, product names, logos, slogans, and unique sounds or designs. For example, companies like Nike and Apple rely on trademarks such as their names, the Nike swoosh logo, and Apple's iconic bitten apple symbol to protect their brands. Even phrases like Nike's “Just Do It” can be trademarked if they are used to promote the company's products.

In addition to visual symbols, trademarks can include product shapes, packaging, colors, or even specific sounds if they are closely associated with your business. For instance, Coca-Cola holds trademarks for its name, logo, and the contoured shape of its glass bottles, while NBC has trademarked its three-tone chime.

There are limitations on what can be trademarked. Generic terms like “car” or “shoes” cannot be trademarked because they describe a type of product rather than a specific brand. Geographic terms like “Sandwich” or “Barber Shop” cannot be trademarked unless they have become strongly associated with a particular business. Likewise, trademarks that are too similar to an existing trademark are typically rejected to avoid customer confusion.

If you are unsure whether an element of your brand can be trademarked, you should start by searching the U.S. Patent and Trademark Office database.  

The Trademark Process

The trademark process involves several steps to ensure your mark is adequately protected. Your trademark must be distinctive. Strong trademarks are unique and do not merely describe the products or services they are associated with. For example, a name like “TechSpark” is more likely to be approved as a trademark than a generic term like “Tech Solutions.”

Once you have selected your mark, find out if a similar mark has been previously registered. It would be in the USPTO database. A professional search can uncover potential conflicts and save time and money before you file. If no conflicting trademarks exist, you can apply with the USPTO. You will have to provide some key information about your trademark, including how it will be used in commerce and the goods or services it represents. You will also need to specify whether the mark is already in use or whether you intend to use it in the future.

After filing, the USPTO assigns an examining attorney to review your application. The attorney checks for compliance with trademark laws and looks for any conflicts with existing trademarks. If any issues arise, you will receive an office action letter explaining what needs to be corrected.

Your trademark will be published in the USPTO's Official Gazette if the application is approved. This allows other parties a chance to oppose the registration. Either no one will oppose it, and it gets granted, or you and your attorney will have to defend it in front of the Trademark Trial and Appeal Board (TTAB).

Trademarks are valid for 10 years but require periodic maintenance filings. To keep your trademark active, you must file specific forms between the fifth and sixth years after registration and again between the ninth and tenth years. 

Begin Protecting Your Business 

Registered trademarks offer stronger legal protections and make it easier to enforce your rights. If you need help with trademarks, determining what to trademark, navigating the registration process, or maintaining an existing trademark, we are here to help. Contact us today to schedule a free consultation and take the next step in securing your business's identity.