Trademarks protect the branding of a service or product, while patents protect the product or service itself

Trademarks are just one type of intellectual property

Intellectual property refers to any intangible "creation of the mind," which includes ideas, creative works, and even trade secrets. Trademarks, copyright, and patents are all protected by intellectual property laws—but each protection is separate and distinct.

Trademarks are a form of consumer protection

Trademarks help brands distinguish their products from competitors, but they also give consumers clarity around the product they are buying and where it comes from. Distinguishable names help prevent consumer confusion and maintain a consumer's ability to choose their preferred product and brand.

Breaking down the main classes of intellectual property: trademark vs. copyright vs. patent

Trademarks, copyrights, and patents are all intellectual property classifications that give exclusive ownership of ideas and concepts to individuals or businesses. Patents usually refer to innovative products or processes, copyrights are centered around the right to reproduce content, and trademarks usually involve branding elements, like names, logos, and distinct product elements.

Learn what different trademark symbols mean

In the US, brands can technically use a trademark without actually filing a trademark with the United States Patent and Trademark Office—which is where the ™ symbol comes from. However, brands that have officially filed trademarks can use the ® symbol in their branding.

Trade dress is a form of trademark that applies to the physical appearance of a product

Distinct visual characteristics of products, like the shape of a Coca-Cola bottle or the interior layout of an Apple store, can be protected. These characteristics are protected to help consumers quickly identify certain brands.

The value of a trademark is just one element of brand valuation

Brand valuations give companies an idea of how valuable assets, like logos, are to the company and can help determine how much money branding departments should receive. Typically, brand valuations are a compilation of brand awareness metrics, like a consumer's willingness to pay, the value of a trademark, and the company's market position.

The international trademark framework is called the Madrid Protocol

Trademarks vary from country to country, but an agreement called the Madrid Protocol allows trademark protections across more than 100 participating countries. While the Madrid Protocol expands trademark access, it doesn't necessarily grant blanket protections across the participating countries, meaning each country is still in charge of its own trademark enforcement.

Explore some of the trademarked scents in the US

Scents, when they are truly unique and identifiable to a particular brand, can be trademarked. Any trademark on a scent must pass two tests: distinctiveness and non-functionality. In order to be trademarked, the scent of a product can't be the primary purpose of that product (like a candle or a perfume), and the scent has to be distinct. Some of the trademarked scents include Play-Doh and the pain-relief patch Salonpas.

Patents arguably grant inventors monopolies for a short period of time

As a way to reward innovation, the government grants short-term monopolies on patented products. Patents block other companies from producing or selling that product, giving inventors the rights and opportunity to establish themselves in a market before other competitors enter.

Listen to the pros and cons of owning a trademark as a small business owner

For many small business owners, it can be hard to decide when the time is right to file a trademark. This trademark lawyer says the decision often comes down to a product's branding, the size of the business, and how established the company is.

Learn what constitutes trademark infringement

Infringement is a trademark violation that threatens the owner's exclusive right to use a trademark. The general standard for proving any trademark infringement is the likelihood of causing confusion to a normal consumer.

'Dilution' is any use of a trademark that weakens its distinctiveness

Unlike trademark infringement that hinges on the likelihood of confusing customers, trademark dilution is an illegal practice that threatens the distinctiveness of a trademark. In the US, famous brands like Nike and Google have a right to protection from dilution.

Taylor Swift owns more than 300 trademarks—a strategic way she protects her brand

Taylor Swift holds trademarks ranging from her album titles and song lyrics to the names of her cats. While the sheer amount of trademarks may seem excessive, it's one way Taylor Swift can protect the integrity of her brand and make sure everything that's branded as Taylor Swift actually comes from her.

'Genericide:' Learn how too much brand awareness can hurt a company's trademark

When a brand becomes so popular that consumers regularly call the product by the brand name like a noun or verb, that trademark becomes generic because consumers no longer associate a specific brand with a certain product. A generic product can hurt a company's right to trademark or even cause companies to lose it. (Some users may experience a paywall.)

Frisbee, Jet Ski, and Dumpster—explore a list of words you might not realize are trademarked

Many products that have become household names started out as first-of-a-kind items. As those products grew in popularity, the brand name became the default name for the product.

Explore a list of trademarked phrases

Trademarks can extend to phrases and slogans when the words become brand identifiers. Some phrases that have been trademarked are famed boxing announcer Michael Buffer's "Let's get ready to rumble!" and reality television star Paris Hilton's "That's hot."

Coca-Cola was created during a patent medicine boom

A "patent medicine" is a proprietary medicine that is ostensibly created and marketed under a patent, and, crucially, is available without prescription.

The original Mickey Mouse's copyright has expired, but Disney still owns the trademark

In 2024, "Steamboat Willie"—the 1928 Walt Disney animation with the first depiction of Mickey Mouse—entered the public domain. While anyone is free to build on the original characters and storyline of "Steamboat Willie," Disney still owns the trademark for Mickey Mouse, so any branding with the character's depiction that appears to be from Disney is off-limits.

The difference between marketing and advertising: Advertising is technically a type of marketing

While the terms are often used interchangeably, technically speaking, marketing is any effort to promote a product or service. Advertising, on the other hand, is any paid effort to promote a product or service. Learn more about the difference in this article.

What are tariffs and how do they work?

Tariffs are taxes on imported goods paid by importing companies but typically passed on to consumers. They vary by country and product and, despite recent spikes, have historically accounted for less than 2% of federal revenue. Explore more with these data visualizations from USAFacts.

Trusts are estate planning tools

They’re used as a way to designate assets to beneficiaries while skirting certain taxes and maintaining one’s privacy. They can hold a wide range of assets, including cash, real estate, stocks, businesses, and more.

The First Amendment protects 5 distinct freedoms

Most Americans cite the amendment on free speech, but the First Amendment also protects religion, the press, peaceful assembly, and the right to petition the government—five separate guarantees in a single sentence.

The first 3D printing patent was filed in 1967

Wyn Swainson, an English literature graduate student, filed a patent in Denmark for a system that scans an object and uses the scanning data to rebuild it using lasers that harden light-sensitive plastic. However, he never developed a working prototype. The idea originated from wanting to produce recreations of sculptures.

Visualize how passkeys, which rely on asymmetric cryptography to authenticate users, work

After using biometrics or a PIN to access the private key stored on a device, it is combined with a random number generated by the site to produce a cryptographic signature. This signature is verified using the site's public key, allowing a user to log in without entering a password. This reduces the risk of fraudulent messages—phishing attacks—and data breaches.

An initial public offering or 'IPO' is the process of a private company becoming public by putting shares of the company on the stock market for purchase.

Plants use physical and chemical defenses to protect themselves

Tree bark is difficult to chew and resistant to pathogens, while the waxy cuticle on the surface of leaves deters insects and microbes. Some plants possess thorns, spines, and prickles to discourage predators. Plant cells can also produce antimicrobial toxins or release compounds to alert parasitic wasps to lay eggs in attacking insects.

The US Constitution is widely regarded as the longest-standing written national constitution still in force—see how it has influenced rights worldwide.

Art theft is the third-largest source of criminal revenues worldwide, thanks in part to the subjective nature of valuing a work of art.

Tattoos remain visible on your skin thanks to immune cells called macrophages

Netflix profits when you're not watching, and its movies are designed that way—read a detail-rich critical essay exposing lesser-known Netflix takes

Some coin denominations have ridges etched on their sides, partly to prevent counterfeiting, in a practice called 'reeding.'

When you complete a CAPTCHA on a website to prove you are human, you may be unknowingly training algorithms for self-driving cars, whose systems require training data to help identify crosswalks, bicycles, and other outdoor objects.

In 2025, four executives from large tech companies were given positions in the US Army Reserves—including Palantir Chief Technology Officer Shyam Sankar, which reinforced Palantir's ties with the US military and its role as a leading defense partner.

Doctors differentiate between a phobia and fear by asking patients whether their fear interferes with their day-to-day activities.

Some Pokémon have been named after real and fictional organisms, while some real-world species have been named after Pokémon, such as Chilicola charizard and Binburrum zapdos.

When a Paris department store hesitated to sell Estée Lauder's perfume, she 'accidentally' broke a bottle, causing the smell to spread throughout the store and shoppers to start asking to buy the scent.

Dozens of S&P 500 stocks, including Coca-Cola and Walmart—known as the dividend aristocrats—have increased dividends every year for 25 years

Budweiser stores yeast derived from the original 1800s strain in a secret bunker, which only the Head of Yeast Management can access—not even the CEO

Mid-century modern graphic designers, known for their bright colors and bold lines in advertising, also found success with children's books.

Objects can be 3D printed with light by projecting 2D computerized tomography (CT) scans onto rotating cylinders of resin, which solidify upon exposure.

Power lines are dotted with large, brightly colored balls to improve the visibility of these thin wires to helicopters and small planes and help prevent potential crashes.

Gerrymandering works through two techniques: cracking opposing voters across districts to dilute their power, and packing them into a few to waste their votes in lopsided majorities.

The history of many kitchen appliances involves unexpected discoveries and applications, including wartime radar turned hamster defroster and replacing an 'ice king' with heat-stealing boxes.

Corals are themselves not coral reefs—the term refers to the tiny marine invertebrates that build the rigid reef.

Mark Twain spent decades feuding with the US Postal Service, convinced its costs and regulations were bureaucratic overreach.

Firework or sparkler burns, even if they cover a relatively small area of skin, can significantly affect our range of motion.

Domino's Pizza's 30-minute delivery guarantee was responsible for the chain's 1980s surge, but it was discontinued after the company was found liable for delivery driver accidents.

The price of gas is a composite made up of several different factors, with the federal gas tax making up less than 20% of what drivers pay at the pump.

Prince's sexually explicit 1984 track 'Darling Nikki' attracted the ire of the Parents Music Resource Center, an advocacy group that inspired the Parental Advisory sticker, even though the song ends with a Christian message.

Pure water does not conduct electricity because this flow of energy requires the movement of charged particles, and water is a neutral molecule.