If you are starting a business or launching a brand, you have probably heard the word trademark before. But what does it actually mean? And why does it matter?
As an intellectual property attorney, I often get asked questions like:
- “Do I need a trademark for my business name?”
- “Can names, logos, taglines, sounds, and colors be trademarked?”
- “Is it worth the time and money?”
The short answer is: Yes, trademarks are one of the smartest ways to protect your brand and your hard work. In this blog post, we will break down what a trademark is, the different types of trademarks, and the many reasons why getting one is a great move for your business.
What Is a Trademark?
A trademark is a word, phrase, symbol, design, color, sound, or a combination of these that helps customers identify the source of your products or services. Think of it like a name tag for your brand.
If you see a swoosh on a sneaker, you think of Nike. If you hear someone say “Just Do It,” you probably think of Nike again. That is the power of a trademark—it tells people who is providing the product or service.
In legal terms, a trademark:
- Identifies your brand to consumers
- Separates you from competitors
- Protects your reputation
Without a trademark, someone else can use your brand name—or something confusingly similar—and take advantage of your success.
What Can Be Trademarked?
You might be surprised at how many things can be trademarked. The most common types of trademarks include:
- Word Marks
These are the names of brands, products, or services. For example:
- Coca-Cola
- Starbucks
Word marks are broad, protecting the sight, sound, and meaning of the brand name.
- Design Marks (Logos)
These include images or logos that represent your brand. For example:
- Apple’s apple logo
- McDonald’s golden arches
- Nike’s swoosh
Design marks protect the look of the logo.
- Combination Marks
This is a mix of words and design elements, like:
- The Starbucks logo with the name ” Starbucks Coffee”
- The Burger King logo with the Burger King wording and bun design
Combination marks protect both the text and the design together.
- Slogans or Taglines
Memorable phrases can also be trademarked.
Examples include:
- “I’m Lovin’ It” (McDonald’s)”
- “Because You’re Worth It” (L’Oréal)
Slogans can become powerful tools for branding.
- Sounds
Yes, even sounds can be trademarked if they are strongly tied to a brand. For example:
- The NBC Chimes
- The MGM lion’s roar
- Colors
In certain cases, colors used in a specific way can be trademarked. For example:
- The Tiffany & Co. Robin Egg blue
- UPS’s brown
The color must clearly point to the brand and not be used for decoration only.
- Trade Dress
Trade dress is the three-dimensional design of a product or its packaging that makes it recognizable to consumers. It can include:
- The shape of a Coca-Cola bottle
- The design of an Apple Store
To qualify for trademark protection, the trade dress must be distinctive and non-functional—meaning it is not just how the product works, but how it looks to set your brand apart.
Trade dress is especially important in industries like food, cosmetics, fashion, and retail where packaging, product design, and overall presentation matter.
