What Kinds of Things Can I Trademark?
Your brand is more than just a name; it's the identity your customers recognize and trust. Protecting that identity is crucial for long-term success. One of the most powerful tools for brand protection is trademark registration for your brand name or products/services. But what exactly can you protect with a trademark? The answer is broader than many people realize, extending far beyond a simple business name.
This article will guide you through the various assets you can trademark. We will explore the different categories of protectable marks, discuss the benefits of federal registration, and explain why securing your intellectual property is a critical step for any business.
Understanding Trademarks
First, let's clarify what a trademark is. A trademark is any word, name, symbol, device, or any combination thereof, used to identify and distinguish the goods of one seller from those of others. A closely related concept is a service mark, which does the same thing for services instead of goods. For simplicity, the term "trademark" is often used to refer to both.
The primary purpose of a trademark is to prevent consumer confusion. When you see a specific logo or hear a particular slogan, you immediately associate it with a certain company and a certain level of quality. That instant recognition is the power of a strong brand, and trademark law exists to protect it.
While trademark rights come into existence as soon as you start using your trademark in commerce, the best way to solidify and protect those rights is to seek and attain a federal trademark registration at the USPTO. Often, people will refer to this process as "Getting a Trademark" ot "Trademarking your Brand."
What Can You Trademark?
Trademarks are powerful because they can cover a wide range of brand elements. The key requirement is that a trademark must act as a source identifier for your goods or services. If a particular element helps customers identify the source of your goods or services, it may be eligible for trademark protection. Let's look at the most common categories.
Names
The most common type of trademark is a name. This can include:
- Business Names: The name of your company, such as "Microsoft" or "Coca-Cola."
- Product Names: The specific name of a product you sell, like the "iPhone" or the "Big Mac."
- Service Names: The name you use to market a service, such as "Geek Squad" for tech support.
A name must be distinctive to be trademarked. Generic terms like "The Software Company" for a software business would likely be rejected. Fanciful or arbitrary names often receive the strongest protection.
Logos and Symbols
Logos are visual representations of a brand and are highly effective trademarks. These graphic elements create an immediate visual connection with your business. Think of the Nike "swoosh" or the Apple logo—no words are needed for you to know which company they represent.
A logo can be a design, a stylized drawing, or a unique symbol. When you register a logo, you are protecting its specific visual appearance. This prevents competitors from using a confusingly similar design that could mislead your customers.
Slogans and Taglines
Short, catchy phrases that you use in advertising can also be trademarked. A good slogan can be just as memorable as a brand name or logo. To be registrable, a slogan must do more than just describe a product's features; it must function as an identifier of your brand.
Some famous examples of trademarked slogans include:
- Nike: "Just Do It."
- McDonald's: "I'm Lovin' It."
- Verizon: "Can You Hear Me Now?"
These phrases are so closely tied to their respective companies that they serve as a secondary brand name. In essence, the minute you see or hear the slogan, you think of the company behind it. That is how a source identifier works.
Non-Traditional Trademarks
Trademark law has evolved to recognize that brand identifiers can go beyond words and logos. These are often called "non-traditional" trademarks and can be more challenging to register, but they offer a unique way to stand out.
Sounds
A sound can be trademarked if it has acquired "secondary meaning," meaning that the public has come to associate the sound with a specific brand. Examples include:
- The NBC chimes.
- The "Intel Inside" five-note jingle.
- The roar of the MGM lion.
Colors
In some cases, a single color can be trademarked. This is difficult to achieve and usually requires extensive evidence showing that consumers associate that specific color with your brand in a particular industry. For example, Tiffany & Co. has a trademark for its iconic robin's-egg blue on its packaging, and UPS has rights to the "Pullman brown" color on its vehicles and uniforms.
Scents
Even a scent can be trademarked, although it is quite rare. The scent must not be functional—that is, it cannot be an inherent part of the product itself (like the scent of a perfume). One of the first successful scent trademarks was for a plumeria-blossom-scented embroidery thread.
Product Packaging and Configuration
The unique look and feel of your product's packaging, known as "trade dress," can be protected. This includes the shape of a bottle, the design of a box, or the overall visual appearance of a product's wrapper. For instance, the distinctive shape of the Coca-Cola bottle is a registered trademark.
The configuration or shape of a product itself can also be a trademark, such as the unique design of the Weber kettle grill.
The Benefits of Trademark Registration
Securing a federal trademark with the U.S. Patent and Trademark Office (USPTO) provides significant advantages for your business.
- Nationwide Priority: A federal registration gives you exclusive rights to use the mark nationwide in connection with the goods or services listed in your application.
- Public Notice: Your trademark is listed in the USPTO's public database. This puts others on notice of your ownership and can deter would-be infringers.
- Legal Presumption of Ownership: A registered trademark provides a legal presumption that you are the owner of the mark and have the exclusive right to use it. This makes it much easier to enforce your rights in court.
- Ability to Use the ® Symbol: You can only use the federal registration symbol (®) after your mark has been officially registered. This symbol signals to competitors and consumers that your brand is legally protected.
- Foundation for International Rights: A U.S. registration can be used as a basis to obtain trademark protection in foreign countries.
Protect Your Brand's Identity Today
A trademark is one of your most valuable business assets. It represents your reputation, your goodwill, and the trust you have built with your customers. Failing to protect your brand elements leaves you vulnerable to competitors who could dilute your brand's power or cause consumer confusion.
Navigating the trademark application process can be complex. From conducting a thorough search to ensure your mark is available to responding to office actions from the USPTO, having experienced legal guidance is invaluable. An attorney can help you build the strongest possible application and navigate any challenges that arise.
If you are ready to protect your business name, logo, or slogan, we can help. Contact our firm today to schedule a consultation with one of our experienced trademark attorneys. Let us help you secure the foundation of your brand for years to come.
