Trademark Basics
A trademark is more than a logo. It is the legal foundation of your brand identity — the name, symbol, or phrase customers use to recognize your goods or services. This page covers what trademarks protect, what they cannot protect, and why federal registration matters.
What is a trademark?
A trademark is a word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services. It tells customers that a product or service comes from a specific business — not from an unknown or competing source.
Common types of trademarks include: business names, product names, logos, slogans, sounds, colors, and even distinctive packaging.
What a trademark does NOT protect
Trademarks do not protect ideas, concepts, or functional features. They are not the same as copyrights (which protect creative works) or patents (which protect inventions and designs).
- Ideas or concepts that are not yet in use
- Generic terms for products or services
- Merely descriptive words without acquired distinctiveness
- Functional product features
- Names of living individuals without their consent
- Immoral, deceptive, or scandalous matter
Why federal registration matters
Common-law rights arise simply from using a mark in commerce, but federal registration with the USPTO adds substantial legal advantages.
- Nationwide priority of use as of the filing date
- Legal presumption of ownership and validity
- Right to use the ® symbol
- Ability to file in federal court for infringement
- Basis for international filings
- Access to customs recordation to block infringing imports
Common vs. Federal protection
Common-law rights are limited to the geographic area where you actually use the mark. Federal registration extends protection nationwide — even in areas where you have not yet done business.
How long does protection last?
A U.S. trademark registration lasts 10 years from the registration date, with unlimited 10-year renewal cycles. However, maintenance filings are required at the 5th and 6th year (Section 8) and every 10 years (Section 8 + Section 9) to keep the registration alive.
Not sure where to begin?
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