Key Takeaways

  • Trademarks are legal tools that help businesses distinguish their goods or services from competitors.
  • There are different types of trademarks, including ordinary, certification, and distinguishing guises.
  • Trademarks differ from trade names, legal names, service marks, and trade dress.
  • Trademark registration grants legal benefits and can be renewed indefinitely.
  • Trademark rights can be enforced domestically and internationally.
  • Unregistered trademarks may still gain legal protection under common law.

The key to understanding trademarks is understanding their purpose. Trademarks are words, designs, or sounds that distinguish the services or products of a person or company from their competitors. Though trademarks help associate the company with its goods, they also grow to represent the reputation of the company over time.

Trademarks are valuable intellectual property belonging to a company. They are often confused with copyrights, patents, integrated circuit topographies, or industrial designs, which are also protected intellectual property. There are some distinguishing characteristics of each, however:

  • Patents are granted for useful and new inventions that are comprised of products, composition, machines, or processes, or that may be a useful improvement on an already existing invention.
  • Copyright protects literary, dramatic, artistic, or musical work, as well as computer programs and works like performances, recordings, or communication signals.
  • Industrial designs consist of visual features of pattern, ornamentation, shape, configuration, or any combination in a finished article.
  • Integrated circuit topographies are three-dimensional configurations or electronic circuits in an integrated circuit product or design layout.

A trademark registration may be canceled if a similar trademark or trade name has been used in Canada. A trademark can also be expunged for reasons related to ownership, distinctiveness, abandonment, or lack of use. 

Trademarks are infinitely renewable, provided they're being used. Two similar types of branding, a service mark and a trade dress, are often mistakenly referred to as trademarks. However, a service mark refers to services instead of products, and trade dress refers to the physical packaging of a product, either in color, shape, or design.

Another area of confusion is the difference between legal names, trade names, and trademarks. 

The legal name of a business is the name of the person or entity that owns it. With a partnership business, the legal name is usually within the partnership agreement or comprised of the partners' last names. For LLCs or corporations, the legal name is what was registered with the state government. 

A trade name is the name of the business. It can only be registered under the Trademarks Act if it is also used as a trademark to identify the products or services. 

Types of Trademarks

  • An ordinary mark that includes words, sounds, designs, or any combination thereof to distinguish itself from the competition can be used as a trademark.
  • A certification mark could be granted to several companies or people to indicate that there's a defined standard of service across the trademarked business.
  • A distinguishing guise refers to the shape of the products or its containers or a manner of packaging goods that establishes that they are made by a specific person or company.

Register Your Trademark

A trademark can be registered with the United States Patent and Trademark Office. Registration proves that you own your trademark. Using a trademark for a certain length of time grants you ownership by common law, but registering your trademark gives you additional benefits. 

Your registered trademark lasts 15 years. The registrar provides you with the information needed to file. Once they obtain your application, it becomes part of your trademark's public record. 

If no one opposes your trademark or a dispute has been ruled in your favor, your application will go through and you won't face any additional challenges. You will need to pay a registration fee if your application is accepted. You will then receive a certificate of registration, and the trademark will be entered into the Register of Trademarks. Once registered, you will need to file periodic applications for renewal and declarations of use or non-use. 

How Much Does Registration Cost?

The cost of registration for a trademark depends on your business needs. Usually, a filing fee and registration fee are the only costs, but some situations require additional fees. 

Trademark registration can be paid by major credit card, postal money order, check, or direct payment. Pricing is $375 per class for paper filing and $325 per class for electronic filing. 

Renewing your trademark registration also requires a renewal fee every 15 years. Failure to pay the fee or process the renewal will expunge your trademark from the Register of Trademarks. 

You will receive notices containing information about your payment deadlines from the registrar.

Trademark law can be complicated, so don't hesitate to consult a professional trademark attorney for assistance.

The Role of Trademarks in Marketing and Branding

Trademarks are not just legal tools—they’re also strategic marketing assets. A recognizable and distinctive trademark:

  • Builds consumer trust and brand loyalty
  • Differentiates products in crowded markets
  • Adds value to a business through brand equity
  • Signals consistent quality and origin

Effective trademark strategy includes selecting a strong, protectable mark (preferably distinctive or arbitrary) and integrating it consistently across all customer touchpoints.

Enforcing Trademark Rights

If a trademark owner believes their mark is being infringed, they can take legal action to stop unauthorized use. Common enforcement steps include:

  1. Cease and Desist Letter – An initial notice to the alleged infringer requesting they stop the use.
  2. Trademark Opposition – If the infringing mark is newly filed, the owner may oppose the registration during the opposition period.
  3. Litigation – Formal legal proceedings may be necessary if informal resolutions fail.
  4. International Enforcement – Infringement abroad requires legal action under foreign trademark law, unless covered by agreements like the Madrid Protocol.

Timely enforcement helps preserve the distinctiveness and legal strength of the mark.

Common Misconceptions About Trademarks

Several myths can lead to confusion around trademarks:

  • Myth: Trademark registration is permanent.
    Truth: While trademarks can last indefinitely, they require renewal filings and proof of continued use.
  • Myth: You need a registered trademark to have legal protection.
    Truth: Common law rights arise from actual use in commerce, though these are geographically limited and harder to enforce.
  • Myth: Trademarks only cover logos.
    Truth: Trademarks can protect brand names, slogans, sounds, colors, product shapes, and more.
  • Myth: Registering a business name provides trademark protection.
    Truth: A registered business name is not a substitute for trademark rights, which are gained through use or registration under trademark law.

International Trademark Protection

Trademark rights are territorial—they apply only in the country or region where the trademark is registered. For businesses operating internationally, it’s critical to seek protection in each market.

The Madrid System provides a centralized way for businesses to apply for trademark protection in multiple countries through a single application, managed by the World Intellectual Property Organization (WIPO). This system simplifies the administrative burden and reduces costs for businesses expanding globally.

However, enforcement and legal interpretations vary by country, so it's essential to understand local laws even when using international filing systems.

What Legal Rights Do Trademarks Provide?

Trademarks provide the exclusive legal right to use a specific sign, phrase, or symbol in commerce. This right empowers the trademark owner to prevent others from using a confusingly similar mark in connection with similar goods or services. This protection helps maintain brand identity, customer trust, and marketplace distinction.

Trademark protection can apply to both registered and unregistered marks. While unregistered marks are protected under common law in certain jurisdictions, federal registration (e.g., through the USPTO) provides stronger, enforceable legal presumptions, such as:

  • Nationwide ownership and use rights
  • Public notice of ownership
  • Legal standing to sue for infringement in federal court
  • The ability to record with U.S. Customs to block counterfeit imports

Frequently Asked Questions

  1. Do I need to register my trademark to be protected?
    No, you can gain common law rights through use, but registration provides stronger nationwide protections and enforcement rights.
  2. What symbols can I use with my trademark?
    ™ indicates an unregistered trademark; ® is used only after the mark is officially registered with the USPTO.
  3. How long does a trademark last?
    A trademark can last indefinitely as long as it is used in commerce and renewed according to regulatory deadlines.
  4. Can I register a trademark internationally?
    Yes, through systems like the Madrid Protocol, you can apply for protection in multiple countries with one application.
  5. What can be trademarked?
    Words, phrases, logos, symbols, sounds, colors, and even product packaging or shapes can be trademarked if they identify and distinguish a brand.

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