What are trademarks?

Trademarks serve as “source identifiers” to consumers about where a particular product or service is derived from. Most commonly, trademarks consist of a word, phrase, and/or design. However, a trademark can also be a sensory mark such as a color, sound, or even a scent, that—due to its distinctive use—becomes a symbol of a company, product, or service.

“Service Marks” refer to marks used in connection with offering services, rather than products. However, the term “Trademark” is used interchangeably to refer to marks used on both products and services.

Examples of well-known trademarks include:

the “swish” symbol for NIKE® products
APPLE® for computer-related products and services
the lion roar for motion pictures by Metro-Goldwyn-Mayer Lion Corp.
the light blue color for Tiffany jewelry boxes

Do trademarks have to be registered? When should trademarks be registered?

Trademarks are intellectual property rights that can be established in common law, without the need for registration. However, registration of a mark at either the state or federal level provides important benefits. Registration creates a public record of the claim to those rights providing notice to third parties, which is important in a dispute regarding those rights.

Federal trademark registration advantages include, for example

public notice of the claim
legal presumption of ownership (nationwide)
exclusive rights
ability to sue in federal court for infringement of rights

Trademark owners should register their marks if they want to protect from confusingly similar use of these marks by third parties. Becoming known by consumers through brand names and marks for excellent quality in providing goods and/or services is a valuable business achievement that grows the goodwill of a business. Therefore, protecting trademarks used to offer the goods/services becomes even more important when third parties are likely to try to pass off their goods/services under a similar mark to capitalize on consumers mistakenly seeking authentic goods/services under the mark.

Although registration is not necessary to acquire trademark rights, registration provides the strength and requirements to best legally enforce trademark rights through online takedown requests and/or federal litigation. Many online marketplace and social media platforms will take no action against an infringing party unless a federal registration can be presented to easily show rights in the intellectual property at issue.

How can trademark attorneys help with brand protection?

Attorneys help trademark owners navigate through the application and prosecution process to achieve registration, as well as maintenance of those rights. Additionally, trademark lawyers can counsel owners on various aspects of trademark related legal services, such as:

proper use and branding guidelines
licensing agreements
trademark portfolio management, maintenance, and strategy (nationally and internationally)
enforcement of rights
trademark litigation

Adept businesses should seek qualified assistance in protecting their intellectual property and goodwill through proper trademark registration and maintenance.

For more information on trademarks and intellectual property in general, see our trademark services practice page.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

What are Trademarks? How do They Work and Why Register?