Trademark Basics

Summary :

A trademark identifies the source of goods or services and distinguishes one producer from another. This chapter explains what trademarks are and how they work as branding, how they differ from other intellectual property rights such as patents and copyrights, and the basic requirements a mark must meet to gain protection in the United States.

Trademarks as Branding

A trademark is a word, name, symbol, or design that identifies the source of goods or services and sets one producer apart from others. Over time trademarks have also become guarantees of consistent quality and powerful marketing tools. A well-known logo can carry enormous value, because it captures a company's reputation in a single recognisable sign, which is why businesses protect their marks so strongly against imitation by counterfeiters and competitors.

Trademarks Versus Other Intellectual Property

Trademarks share with patents and copyrights the aim of encouraging and rewarding enterprise, but they protect something different. A patent protects an invention and a copyright protects a creative work, whereas a trademark protects the identity of a brand, the sign that links a product to its source. Unlike a patent, a trademark can last indefinitely as long as it continues to be used in commerce and to distinguish the goods it marks.

Requirements for Protection

To function as a trademark, a mark must be distinctive, meaning it is capable of identifying and distinguishing the goods or services of one seller. Distinctive marks receive stronger protection, while purely descriptive terms are protected only if they acquire recognition among consumers. Rights in the United States arise from using a mark in commerce, and registering it with the Patent and Trademark Office provides added legal advantages when defending the mark against infringement.