The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and signifies the company’s ownership of the brand. Trademarks are typically considered a form of intellectual property and may or may not be registered.
Key Insights
- A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product.
- It legally differentiates a product or service from all others of its kind and recognizes the source company’s ownership of the brand.
- Trademarks may or may not be registered and are denoted by the ® and ™ symbols, respectively.
- Although trademarks do not expire, the owner must consistently use it to receive the associated protections.
Comprehending Trademarks
Trademarks not only help distinguish products within the legal and business systems but also play an essential role with consumers. They are used to identify and protect words and design elements that specify the source, owner, or developer of a product or service. They can be corporate logos, slogans, brands, or the brand names of products. Similar to a trademark, a service mark differentiates the source of a service rather than a product, and the term trademark is often used to refer to both trademarks and service marks.
Using a trademark prevents others from utilizing a company or individual’s products or services without permission. They also prohibit any marks that may cause confusion with an existing one. This means a business cannot use a symbol or brand name if it looks or sounds similar, or has a similar meaning to one already registered—especially if the products or services are related. For instance, a soft drink company can’t legally use a symbol that resembles Coca-Cola or a name that sounds like Coke.
A trademark does not need to be registered for the owner to prevent others from using it or a confusingly similar mark.
Trademarks in the United States are registered through the United States Patent and Trademark Office (USPTO) and are identified with the ® symbol. However, trademarks don’t need to be registered to provide protection rights to a company or individual. Unregistered trademarks can be recognized with the ™ symbol, indicating common law protection.
Trademark laws never expire, granting the holder rights for the life of the product or service. Certain exceptions exist, requiring continuous, lawful use to retain these rights. This means a company or individual must continuously manufacture, produce, market, and sell a product with a particular trademark to enforce trademark law. This can be done every five years by filing a section 8 declaration through the USPTO. Failure to comply results in a loss of registration.
Special Considerations
Trademarks can be bought and sold. They can also be licensed to other companies under certain conditions, yielding crossover brands. Consider LEGO’s relationships with movie franchises, for instance. The private company licenses various famous sub-brands, such as Star Wars and DC Comics, to create LEGO versions of popular products.
Trademarks are an effective marketing tool. The power of branding in business is critical, often making certain brands so prominent they replace the general noun for the item or service. For instance, asking for a Kleenex instead of a tissue demonstrates the power of the Kleenex brand. Since its launch, Kleenex has been the number-one selling facial tissue worldwide.
Similarly, we don’t typically ask for a “self-adhesive bandage with a sterile cotton liner” but rather use the term band-aid. Johnson & Johnson began producing BAND-AID® Brand adhesive bandages in 1920 after employee Earle Dickson invented them for his wife, catalyzing it into being a widely recognized name.
Trademark vs. Patent vs. Copyright
Trademarks differ from patents and copyrights. A patent grants the design, process, and invention rights to a piece of property to its inventor, protecting it for around 20 years. After a patent expires, anyone can make use of the invention, common in the pharmaceutical industry.
Copyrights, on the other hand, protect the owners of intellectual property, legally permitting them to copy it. Copyrighted works can encompass software, art, film, music, and more, providing protection typically until 70 years after the owner’s death. Unlike trademarks, brand names, slogans, and logos are not covered under copyrights.
Related Terms: intellectual property, service mark, patent, copyright.
References
- United States Patent and Trademark Office. “Keeping Your Registration Alive”.
- United States Patent and Trademark Office. “What Is a Trademark?”
- United States Patent and Trademark Office. “Why Register Your Trademark?”
- United States Patent and Trademark Office. “Registration Maintenance/Renewal/Correction Forms”.
- Forbes. “Kleenex”.
- Johnson & Johnson. “Stick with It: 18 Fun Facts About the History of BAND-AID® Brand Adhesive Bandages”.
- Johnson & Johnson. “The First BAND-AID® Brand Adhesive Bandage”.
- United States Patent and Trademark Office. “General Information Concerning Patents”.
- Food and Drug Administration. “Frequently Asked Questions on Patents and Exclusivity”.
- U.S. Copyright Office. “Frequently Asked Questions”.
- U.S. Copyright Office. “How Long Does Copyright Protection Last?”
