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.

Scents, when they are truly unique and identifiable to a particular brand, can be trademarked.

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.

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.

Search the official trademark database

The official trademark registry is managed by the United States Patent and Trademark Office. The registry shows the trademark's status, the owner, and the trademark's serial number.

The median trademark of public companies in the US is worth $22.5M

There are multiple approaches to evaluating the value of a trademark. Some strategies include analyzing the value of royalty payments a trademark produces and the cost of recreating the trademark or brand.

'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."

Non-use or lapsed filings can cause a trademark to expire

Going more than three consecutive years without using a trademark can be considered abandonment—which means the trademark falls into the public domain and someone else could potentially file for the trademark. Besides non-use, not maintaining the paperwork or paying the fees can result in a terminated trademark.

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.

Tariffs are taxes levied on goods imported from abroad.

Read about the time Apple tried to trademark an actual apple in Switzerland

In 2017, tech company Apple filed for the trademark to a black-and-white image of a Granny Smith apple in Switzerland—a request that was only partially granted. Apple wanted full control over the image, but many worried that granting the trademark would open up too many opportunities for the company to own the rights to the mere shape of an apple.

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.

Find 36 hidden messages in these household name company logos

These famous brands used to have different names

Did you know that Nike used to be called Blue Ribbon Sports? Or that Google was originally named BackRub? Getting a brand's name right is a tough job; there's an entire cottage industry of brand naming agencies to prove it. See which brands got it right the first time—and which ones might be better off with their current names—in this article.

The Coca-Cola bottle was designed to be recognizable even when shattered.

Read the Federal Trade Commission's legal definition of a monopoly

The Federal Trade Commission and the US Department of Justice (DOJ) Antitrust Division are the regulatory agencies responsible for overseeing antitrust laws. Before deeming any company a monopoly or acknowledging monopolistic power in a market, the FTC conducts thorough research into market competition, price, and even other competitors' business practices.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

How the Supreme Court established biotechnology patent law with an oil-eating microbe

While working at General Electric, microbiologist Ananda Chakrabarty engineered a strain of Pseudomonas that could break down multiple types of hydrocarbons and filed a patent on the bioremediation organism. Despite challenges over whether living things could be patented, the 5-4 decision held that genetically modified organisms could be patented because they were human-made inventions.

A rundown of some of the wildest new tech inventions around the world

The US Patent Office approves roughly 300,000 new patents every year. Among these are some fascinating tech inventions, from high-profile robots and automated bike garages to kaleidoscopic shelves and laser-projected directions for scooters. Check...

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 term 'securities' refers to different types of investments, such as stocks or bonds.

How do tariffs work?

This brief animated video from Time walks through a simple example of a tariff on a single good, illustrating how this would affect the market for the good—both domestically and abroad—and who would eventually bear the cost of the tariff.

Some ads help create ‘symbolic value’ for products

A Rolex watch and a watch from the Dollar Store serve the same purpose: helping the wearer tell the time. But a Rolex is worth thousands of dollars while the Dollar Store watch is costs $1 because of symbolic value, or what the watch says about its wearer. This article helps break down the difference between the two.

Companies often use different share classes, like Class A or Class B, to structure ownership

Share classes refer to specific types of company stock that are distinguished by the rights they grant, such as voting power and dividend access.

The US Constitution grants protection for satire

The First Amendment protects satire, though it does not protect defamation. The key distinction is that satire—evident by its hyperbolic language and comedic portraits—is not intended to be believed, even if it's being malicious.

TikTok's 'sonic logo' imprints the app's identity across platforms

As the app's popular videos spread to other platforms like Instagram and Reddit, the company sought a way to alert viewers that the content originated on TikTok. They decided on the sonic logo that now acts as a bumper on all of its shared videos, to attract users.

Graffiti exists in a legal gray area

"Street art" has become a major seller in the art world, yet many states still consider graffiti to be illegal vandalism. Copyright law complicates the situation further, offering protections for "original works of authorship fixed in a tangible medium of expression," even if they've been created illegally.

NFTs have been leveraged by brands to represent physical and digital items

The buzz around non-fungible tokens has faded since 2021 to 2022, when brands including Prada and Starbucks launched their own NFTs. While Prada’s NFTs were linked to limited-edition fashion items, Starbucks’ were part of a loyalty program.

What's the difference between a stock and a share?

While the words "stock" and "share" are often used interchangeably in casual conversation, they have different meanings. For instance, "stock" is more general, whereas "share" is more precise.

Retail investors are individuals who trade stock for themselves

Institutional investors, on the other hand, are investing for someone else. There are big differences between the two, one being that institutional investors can be granted certain special treatment (like being able to purchase IPOs right away).

Steve Jobs introduced Apple’s 'Think Different' marketing campaign

Jobs introduced the now-iconic “Think Different” marketing campaign. It won numerous awards, symbolized Apple’s new era under Jobs, and showed off his understanding of branding.

An overview of monopolies, when one company controls an entire market

In the business world, a monopoly exists when one company controls the entire market. Regulators take issue with monopolies because they have been found to limit consumer choices, raise prices, and hurt competition.

NFTs create a unique digital signature to prove ownership

NFTs create digital certificates for unique online collectibles, mainly on the Ethereum blockchain. Artists can leverage NFTs to verify their online works.

The difference between stocks and bonds

While more people invest in stocks than bonds, experts say owning both can make for a healthier portfolio. Stocks are considered a riskier investment than bonds, but tend to have higher returns. While bonds might be the safer option, they won’t grow your wealth as quickly.

Nike is one of the world's most recognizable brands, partly due to its 'swoosh' logo.

Both individuals and businesses can establish trusts

Business trusts can allow trustees to manage a beneficiary’s stake in a business, and more. There are many different specific types of business trusts.

The Fifth Amendment covers a wide range of legal protections for those accused of a crime

While it is widely known for the right against self-incrimination, the Fifth Amendment also protects against being charged for the same crime twice, requires grand jury indictments for serious crimes, and mandates compensation when the government takes private property for public use.