What is a trademark?

A trademark is a symbol of your identity in the marketplace.

Trademarks and service marks are a way for businesses to protect their brand and distinguish themselves from their competitors. Trademark registration is available not only to protect the businesses but also consumers, so that consumers can identify and recognize a common source of goods and services. There are several types of trademarks and service marks, including:

  1. Word marks: These are trademarks that consist of words or letters. For example, "Nike" is a word mark.

  2. Design marks: These are trademarks that consist of a design or logo. For example, the Apple logo is a design mark.

  3. Sound marks: These are trademarks that consist of a sound or jingle. For example, the NBC chimes are a sound mark.

  4. Color marks: These are trademarks that consist of a specific color or combination of colors. For example, the brown color (approximate equivalent pantone 462c) used by UPS is a color mark.

  5. Trade dress: This refers to the overall look and feel of a product or service, including the packaging, design, and presentation. For example, the shape of a Coca-Cola bottle is considered trade dress.

Each of these types of trademarks and service marks can achieve protection through use in commerce establishing common law rights in addition to state and federal registration. To learn what protections may be available to provide legal protection and prevent others from using similar marks that may cause confusion among consumers, reach out to request a meeting to discuss.

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