What Is a Trademark?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Trademarks make up many of the brand images we see every day. The Nike swoosh, Adidas bars, and Apple’s slightly bitten apple are all examples of registered trademarks.

What Does a Trademark Do?

A trademark protects your business name, logo, slogan, or other brand identifiers and sets your goods or services apart from competitors. Working with a trademark lawyer ensures your application is properly filed with the USPTO, giving you nationwide protection and the legal right to use the ® symbol. A trademark attorney can also help you search the USPTO database and other sources to avoid conflicts, reduce the risk of trademark infringement, and safeguard your intellectual property. Protect your brand and avoid costly legal issues—consult a trademark lawyer before you file.

How does a Trademark Differ From Patent or Copyright?

A trademark protects your brand elements—like your business name, logo, font, or colors—and is different from a patent (for inventions) or copyright (for creative works). Simply registering a business name or domain doesn’t give you trademark rights; you need to file with the USPTO. A trademark attorney can help by conducting prior-use searches, evaluating the strength of your mark, guiding you through the filing process, and helping you avoid legal issues. Since the USPTO doesn’t enforce trademarks, having legal support is key to protecting your brand.

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