What Is a Trademark in the United States?

Introduction

When you think of well-known brands, iconic logos and slogans often come to mind—such as Nike’s swoosh or Apple’s bitten apple. These instantly recognizable elements are more than just creative designs; they are trademarks that companies consistently use to represent their brand identity. Registering these identifiers as trademarks does more than provide legal protection—it creates a powerful branding tool that helps businesses connect with their audience and stand out in the marketplace. Let’s take a closer look at trademarks and how they benefit your business.

What Is a Trademark?

A trademark is any word, phrase, symbol, design, or combination of these elements that uniquely identifies and distinguishes a business’s goods or services from others in the market. Its primary function is to help consumers recognize the source of products or services and differentiate one brand from another.

Trademarks are not limited to brand names or logos. They may also include sounds, colors, packaging designs (trade dress), and even scents—provided they clearly identify the source of goods or services. In the United States, the term “trademark” broadly includes both trademarks (for goods) and service marks (for services). Although different in application, both serve the same purpose: protecting brand identity and uniqueness.

What Can Be Trademarked?

You can trademark elements that help customers identify your business, including:

Business or brand names
Product names
Logos and brand designs
Unique symbols or graphics
Distinctive sounds associated with your brand
The overall look and feel of product packaging

Learn more about what can and cannot be trademarked in the U.S.

Functions of a Trademark

A trademark plays a vital role beyond legal protection. It supports brand identity, consumer trust, and long-term business growth in several ways:

Brand Recognition and Identity

Distinct Identity: Trademarks create a unique brand presence, helping products and services stand out in a competitive marketplace.
Consistent Branding: Consistent use of a trademark across platforms reinforces brand recognition and strengthens customer recall.

Legal Protection

Exclusive Rights: Registered trademarks grant exclusive rights to use the mark for the specified goods or services.
Legal Enforcement: Trademarks provide the legal foundation to act against infringement or unauthorized use.

Market Differentiation and Consumer Trust

Clear Differentiation: Trademarks help consumers distinguish between competing products and services.
Trust and Loyalty: Over time, trademarks become associated with consistent quality, building consumer confidence and repeat business.

Asset Value and Business Growth

Intangible Asset: A strong trademark can become a valuable business asset, enhancing company valuation and supporting licensing, mergers, or acquisitions.
Scalability: Established trademarks enable easier expansion into new markets or product lines.

Deterrence and Enforcement

Preventive Protection: A registered trademark discourages others from using similar marks.
Enforcement Tools: Trademark owners can seek injunctions, damages, and other remedies against infringers.

In essence, trademarks are strategic business assets that support branding, legal protection, and sustainable growth.

Common Misconceptions About Trademarks

A common misunderstanding is that owning a trademark gives absolute rights to a word or phrase. In reality, trademark rights are limited to specific goods or services. For example, owning a logo trademark for a woodworking business does not prevent its use in an unrelated industry.

Another misconception is that trademarks must describe what a business does. In fact, the strongest trademarks are often creative or arbitrary, making them easier to protect and more memorable in the marketplace.

Owning vs. Registering a Trademark

Using a trademark in commerce automatically grants ownership rights, known as common law rights. However, these rights are limited to the geographic area where the mark is actively used. Federal registration is not mandatory but provides broader, nationwide protection and stronger legal advantages.

How to Protect a Trademark

Trademark protection is established through use and enhanced through registration:

Common Law Protection: Rights arise from actual use of the mark in commerce, limited to the areas of use.
State Registration: Offers protection within a specific state.
Federal Registration: Registering with the USPTO grants nationwide rights, legal presumptions of ownership, and stronger enforcement options.

Trademark Symbols: TM, SM, and ®

TM (Trademark): Used for goods to indicate a claimed trademark, regardless of registration status.
SM (Service Mark): Used for services to claim rights in a service mark without registration.
® (Registered Trademark): Used only after USPTO registration is granted. Using this symbol without registration is a federal offense.

These symbols help communicate trademark rights and protect brand identity.

Procedure to Register a Trademark in the U.S.

The U.S. trademark registration process includes the following steps:

Trademark Search: Conduct a thorough search using USPTO’s TESS database to identify potential conflicts.
Filing the Application: Submit an application via TEAS, including mark details, goods or services, filing basis, and specimen (if applicable).
USPTO Review: An examining attorney reviews the application for compliance and conflicts.
Office Actions: If issues arise, the USPTO issues an Office Action that must be addressed within the prescribed time.
Publication for Opposition: Approved marks are published for public opposition for 30 days.
Notice of Allowance or Registration: Depending on the filing basis, the mark proceeds to registration or requires a Statement of Use.
Trademark Registration: Upon approval, the USPTO issues a registration certificate.
Maintenance: File required declarations between the 5th–6th year and renew every 10 years.
Enforcement: Trademark owners are responsible for enforcing their rights.

About the Author

Dakesh

Dakesh translates complex legal regulations into clear, practical guidance, enabling entrepreneurs to stay compliant while confidently building sustainable, scalable businesses.

February 1, 2026