THE BASICS
What a trademark protects
A trademark is a name, logo, slogan or other sign that tells customers who a product or service comes from.
A trademark is about the brand, not the product itself. It covers the signs customers use to recognize a business: a name, a logo, a slogan, and in some cases a sound or a color. It doesn't protect an idea, how a product works, or everything a business sells.
In the US, some rights can come from using a mark in business, usually in the places where it's used. Federal registration with the USPTO (the US Patent and Trademark Office) adds stronger tools that reach across the whole country. Registration isn't automatic. An examiner reviews each application first.
A registration covers the goods and services it lists. The USPTO sorts those into groups called classes, so one filing doesn't cover every kind of product.
The symbols work differently too. ® is used only after the USPTO registers a mark; ™ can be used without registering.
Why this matters to your business
A name is how customers find a business again and tell it apart from others. If another business already uses a similar name for similar products, changing course after launch can mean new packaging, a new website and lost recognition. Investors and buyers commonly check which names and logos a business has registered, and in whose name.
What an attorney will want to know
- When you first used the name in business, and where
- Every product or service the name appears on
- Where the name shows up today: website, packaging, social media
- Which company or person would be listed as the owner
- Any similar names you've noticed in your market
Ask your attorney
Which parts of my brand would be worth registering first?
Do I have any rights from using my name so far?
General information, not legal advice. An attorney confirms how this applies to you.