A trademark is a word, phrase, symbol, design, or combination of these that identifies and distinguishes the source of goods or services, protecting a brand’s identity in the marketplace.
What is a Trademark?
A trademark is a form of intellectual property that gives its owner exclusive rights to use specific brand elements—such as a business name, logo, slogan, or even distinctive colors or sounds—in connection with certain goods or services. In the U.S., trademarks can be registered at both the federal level (with the U.S. Patent and Trademark Office, USPTO) and state level, though federal registration offers broader protection across all 50 states.
Trademarks help consumers distinguish one business’s offerings from another’s, preventing confusion in the marketplace. They can also become valuable business assets, contributing to brand recognition, goodwill, and overall company valuation. For non-U.S. founders operating in the U.S., securing a trademark can be essential to protecting brand identity from competitors, especially in online and cross-border markets.
The trademark registration process typically involves:
- Search & Clearance: Checking for existing conflicting marks.
- Filing the Application: Providing details about the mark, the goods or services it covers, and proof of use (or intent to use).
- Examination & Publication: USPTO review and public notice for potential opposition.
- Registration: Formal recognition and listing in the USPTO database.
A registered trademark grants the right to take legal action against infringers and to use the ® symbol (for federal marks). Without registration, you may still have common law rights, but enforcement is more limited and generally confined to the geographic area where the mark is actually used.
Trademarks differ from copyrights (which protect creative works like books or music) and patents (which protect inventions). In e-commerce, a trademark can be critical for protecting product names, Amazon or Shopify store branding, and preventing counterfeit sales.
