What is a Trademark – Trademarks and Service Marks Defined
A trademark identifies and distinguishes the source of goods or services. Names, logos, and slogans are common examples. A service mark identifies services; the word trademark often includes both. Rights can arise through qualifying use without federal registration.
| Symbol | Meaning | When it may be used |
|---|---|---|
| TM | A trademark claim for goods | Before or after filing; federal registration is not required. |
| SM | A service-mark claim | Before or after filing; federal registration is not required. |
| ® | A federal registration | Only after registration and for the covered goods or services. |
A symbol alone does not establish ownership or overcome another party’s rights. Compare trademarks and service marks and the Principal and Supplemental Registers.
Trademarks and service marks protect business names, brand names, logos, slogans, or other distinctive sights, smells, or sounds used to identify your goods or services.
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Trademark Formats and the Spectrum of Distinctiveness
Trademarks can take different forms, such as words, designs, slogans, and qualifying sounds, colors or other nontraditional source identifiers. Trade dress concerns product or packaging appearance and has additional distinctiveness and nonfunctionality requirements. These formats should be distinguished from the legal spectrum of distinctiveness.
Fanciful marks are invented terms; arbitrary marks use familiar words unrelated to the relevant goods or services; and suggestive marks require imagination to connect the mark with a characteristic. These categories can be inherently distinctive.
Merely descriptive matter directly describes a feature, quality or purpose. It generally requires acquired distinctiveness for Principal Register protection, but may qualify for the Supplemental Register when the legal requirements are met.
Generic terms name the relevant category of goods or services and cannot function as trademarks for that category. Adding descriptive detail does not automatically cure genericness. A composite mark must be assessed as a whole; registration of a composite does not give exclusive rights in its generic wording.
Trade dress is a form of claimed source identification, not an additional position on that spectrum. Product-design trade dress requires acquired distinctiveness, and functional matter is ineligible for trademark protection. See USPTO guidance on strong marks.
Kinds of Marks that can be Registered as Trademarks
Trademark examples include a business name, brand name, logo, slogan, or other distinctive sight, smell, or sound you are using to identify your goods and services. There are two kinds of marks that can be registered with the USPTO as trademarks: standard character mark and special form mark. You can apply for both, however, each mark to be registered requires a separate application. Regardless of the kind of mark, the trademark registration process is almost the exact same. We follow our 4 steps to trademark when registering a trademark with the USPTO.
Standard Character Mark – How to Trademark a Name
A standard character mark is a specific arrangement of words, letters, or numbers in a standard font style without any specific design elements, stylization, or color. The advantage of a standard character mark is the flexibility in how the trademark is displayed (i.e. the colors you use, the size, or font). This type of mark is versatile and allows the trademark owner to use the mark in various formats, styles, and presentations while retaining its legal protection. If your trademark only consists of only a business name or slogan, a standard character mark might be ideal.
For example, look at our business name Carson Patents. Our corporation’s name, Carson Patents, is trademarked. Our mark is protected regardless of how the text is displayed because it is registered as a standard character mark.
A standard-character registration does not claim a particular font, style or color. Its scope still depends on the mark, identified goods or services, prior rights and applicable law; it does not provide unrestricted rights across all industries.
Special Form Mark – How to Trademark a Logo
A special form mark is an image or a logo which can consist of a specific font, design, layout, or a combination as well as a graphic or image in nearly any configuration. This type of mark provides protection for a specific and unique design or stylized representation of a brand. Special form marks focus on the distinctive appearance, layout, or graphical features of a logo, symbol, or design.
To register a trademark application for a special form mark, one must include an image of the mark exactly how it is desired. It is critical to remember that the image submitted is the mark protected if the application is granted. The logo must be submitted exactly as it is desired to be protected. If your trademark consists of only a logo and business name or slogan, a special form mark might be ideal.
Whether to claim color or file a drawing without a color claim depends on the mark and protection sought. A black-and-white drawing does not create an unlimited right to every color use or every version of a logo. Discuss the drawing and claim strategy before filing.
Advantages of Trademark Registration
You are not required to register trademarks or service marks. However, registering a trademark or service mark offers at least ten advantages:
1. Evidence of Rights
Principal Register registration provides statutory presumptions of validity, ownership and exclusive rights for the covered goods or services, subject to legal limits. Supplemental Register benefits differ.
2. Nationwide Protection
Principal Register registration can provide nationwide benefits subject to earlier rights and statutory limits. It does not bar every similar mark in every industry.
3. Prevention of Confusion
Trademark registration helps prevent others from registering or using confusingly similar marks in the same industry, reducing the likelihood of consumer confusion.
4. Deterrence and Defense
A registered trademark acts as a deterrent, discouraging others from using similar marks out of fear of legal consequences. If someone does use a similar mark, registration provides a legal basis for taking legal action against infringing parties and defending against unauthorized use.
5. Enhanced Remedies and Damages
Federal registration can support enforcement and certain remedies. Statutory damages are available for specified claims such as counterfeiting, not automatically for every infringement; attorney-fee awards also have legal requirements.
6. International Filing Options
Eligible owners may use a basic application or registration to seek protection in designated Madrid members. Each designated office applies its own law; there is no automatic worldwide trademark right.
7. Increased Brand Value and Recognition
A registered trademark enhances the credibility of a brand in the marketplace, conveying a sense of legitimacy and professionalism. Additionally, a registered trademark becomes a valuable asset and a recognizable symbol associated with the quality and origin of goods or services over time.
8. Asset for Business Expansion
Trademark registration facilitates licensing and franchising opportunities, allowing businesses to generate revenue by permitting others to use the brand. Registered trademarks are valuable assets that can enhance the attractiveness of a business in mergers, acquisitions, or investment scenarios
9. Renewable Protection
For most domestic federal registrations, file a Section 8 declaration between the fifth and sixth years after registration, then a combined Sections 8 and 9 filing between the ninth and tenth years, and every ten years thereafter. Continued use or qualifying excusable nonuse and timely filings are essential. Madrid-based registrations have separate U.S. Section 71 and international-renewal requirements.
10. Protection Against Counterfeiting
Registered trademarks help in implementing anti-counterfeiting measures, protecting consumers from fake or substandard products.
Registration is not USPTO permission to use a mark or a guarantee against infringement. Rights may arise through use, and federal registration can add benefits that differ between the Principal and Supplemental Registers. Earlier rights, the goods or services, and legal defenses can limit enforcement. Royalties do not arise automatically merely because another person uses similar wording.
Using a Mark – What is a Trademark in Business
You may use TM for a claimed trademark for goods or SM for services before filing an application. The symbols do not themselves create trademark rights. Use ® only after federal registration, for the goods or services covered by that registration; both federal registers permit it. A pending application or Notice of Allowance is not a registration. See USPTO symbol guidance.
Get Help Applying to Register Your Trademark
The trademark registration can be a relatively straightforward process and can even be done oneself. However, working with professional legal guidance ensures your application is accurate and complete before filing with the USPTO.
At Carson Patents, we understand that a strong brand is the foundation of a successful business. Our dedicated team, led by our experienced patent attorney and skilled trademark paralegal, is here to guide you through the intricacies of trademark registration.
For more guidance and tips on trademark registration and building a brand, check out our articles on business name branding, the best practices of brand selection, and trademark registration best practices.
Note: When seeking trademark protection, be cautious of scammers posing as attorneys or government agencies. Explore our trademark scam warning blog post to learn how to identify and avoid trademark scams.
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