What Is a Trademark and Why Does Your Business Need One?

Intellectual property law gives businesses—large and small—the tools to protect the distinctive elements that set them apart: their names, logos, slogans, packaging, and more. One of the most important tools in this toolbox is trademark protection.

So, what is an example of trademark law? Simply put, trademark law protects the symbols, words, phrases, designs, and other identifiers that distinguish your goods or services from those of others. These protections are critical for helping consumers recognize your brand—and for giving you legal remedies if someone tries to copy it.

The Basics of a Trademark

A trademark is any word, phrase, symbol, design, or a combination of these elements that identifies and distinguishes the source of goods or services. Just about anything can function as a trademark, including:

• A slogan or phrase
• A word
• An insignia
• A logo or stylized wordmark
• A design or symbol
• A fictional character or mascot
• A sound (e.g., the NBC chimes)
• A color (e.g., Tiffany blue)
• A scent (rare, but possible)

When properly used and protected, a trademark tells the world that your products or services come from you. It helps build brand recognition, supports marketing efforts, and—when registered—offers enhanced legal protections against infringement.

Note: You don’t have absolute rights to a trademark in all contexts, but you do control how it’s used in connection with your goods or services.

Trademark Application Formats

When applying for federal trademark registration, you must choose the format in which your mark will be protected. The two primary formats are:

1. Standard Character Format: This format protects the word(s) in plain text, without regard to font, color, or design. It offers the broadest protection and is ideal if your mark’s visual appearance might change over time.
2. Special Form Format: This format protects a specific stylized version of your mark, including its font, color, or design elements. Choose this if the visual appearance of your logo or wordmark is a key part of your brand identity.

Each format serves a different purpose, and in many cases, businesses apply for both to ensure broad and layered protection.

Strong vs. Weak Trademarks

Not all trademarks are created equal. A strong trademark is distinctive and easier to protect. A weak or generic trademark may not be protectable at all.

Strong Trademarks

Strong trademarks fall into one of the following categories:

1. Fanciful Marks: Completely invented words with no dictionary meaning. Example: Xerox for copiers.
2. Arbitrary Marks: Real words used in an unrelated context. Example: Apple for computers.
3. Suggestive Marks: Terms that suggest a feature or quality without directly describing it. Example: Netflix for streaming services.

These marks are distinctive and typically eligible for immediate registration.

Weak Trademarks

Weaker marks fall into these categories:

1. Descriptive Marks: Directly describe a quality or feature of the product. Example: Creamy Yogurt for yogurt. These may only become registrable after acquiring distinctiveness through long-term use.
2. Generic Terms: Common words used to refer to a product or service itself, such as Computer for a computer brand. These are never registrable as trademarks.

Whenever possible, choose a trademark that is unique, memorable, and distinctive. It will not only be easier to register, but also easier to enforce.

Tip: Even if you’re not ready to register a mark, using a strong and distinctive name from the outset positions your business better for long-term success.

Common Law vs. Registered Trademarks

You automatically acquire common law rights in a trademark by using it in commerce. However, these rights are limited to the geographic area where the mark is actually used and are often harder to enforce.

By contrast, a federally registered trademark offers enhanced benefits, including:

• Nationwide priority
• Legal presumptions of ownership and validity
• The ability to bring infringement actions in federal court
• Greater leverage in disputes and licensing

FAQs

What Is an Example of a Trademark?

A classic example is the Target bullseye logo. Another is Facebook’s stylized wordmark. A trademark can include a word, phrase, design, color, sound, or even a scent—as long as it identifies and distinguishes the source of goods or services.

What Is a Common Law Trademark?

A common law trademark arises simply by using the mark in commerce. It does not require registration, but its protection is limited to the geographic area where it is used. You also bear the burden of proving first use if a dispute arises.

What Are Trademark Laws?

Trademark laws protect the names, logos, and other identifiers used in business from misuse or imitation. They allow companies to build brand recognition and take legal action against counterfeiters and infringers. In the U.S., the primary governing statute is the Lanham Act (15 U.S.C. §§ 1051 et seq.).

Is Coca-Cola a Trademark?

Yes. Coca-Cola is a well-known example of both a standard character mark and a special form mark. The name “Coca-Cola” is protected regardless of stylization, while the unique script logo is separately protected under a special form trademark. Notably, the company has not limited the trademark to a specific color.

Trademark Protection with Harrigan IP

Trademarks are powerful tools that help you build brand value, stand out in the market, and protect your business’s reputation. Whether you’re launching a new product, creating a new logo, or just want to safeguard your brand, securing trademark protection is a smart move. If you’re still exploring trademark protection, you can also read the USPTO’s trademark basics for more foundational information.

At Harrigan IP, we help small businesses protect what they’ve built. From choosing a strong mark to registering it with the USPTO, we guide you through the entire process. Let us help you turn your brand into a valuable asset.

Contact us today to protect your trademark and your business.