Frequently Asked Questions

A trademark is a legal protection that safeguards elements that distinguish your brand. This could include names, logos, slogans, sounds, and even colors. These ensure that customers recognize the source of your goods or services. 

Types of US trademarks and their protections

When it comes to trademarks in the US, there are a few different types to be aware of, each offering its own level of protection. 

• Common law trademarks: Automatically granted through use in commerce, but rights are limited to the geographic area where the trademark is actively used.

• State registered trademarks: Provides additional protection within a specific state, ensuring rights beyond just common law in that state.

• Federally registered trademarks: The gold standard for trademarks, offering nationwide protection, the ability to use the ® symbol, and access to federal courts for enforcement.

Trademarks also protect different elements of a brand, such as:

1. Word marks

These are trademarks for words, phrases, or names. Think of something like "Coca-Cola" or Nike’s "Just Do It." They protect the text itself—whether it’s a brand name, slogan, or a catchphrase—regardless of how it’s styled visually.

2. Design marks (logos)

A design mark protects graphic elements, like a company’s logo. For example, Apple’s apple logo or McDonald’s golden arches. These types of trademarks focus on the visual appearance, so even without the name, you’d recognize the brand.

3. Combined marks

This is a mix of both—words and visuals. Think of the Starbucks logo: it’s the mermaid image with the company name. This trademark protects the design and the text together.

4. Sound marks

Yes, sounds can be trademarked too. These cover specific audio elements associated with a brand. For example, the Netflix "ta-dum" sound or NBC’s chime tones. If a sound becomes tied to a brand identity, it can be protected.

5. Color marks

Some brands trademark specific colors. Take Tiffany & Co.’s robin-egg blue or UPS’s brown. But here’s the catch: the color must have a strong association with the brand to qualify.

6. Trade dress

Trade dress protects the look and feel of a product or packaging—like the shape of a Coca-Cola bottle or the design of an Apple store. It has to be unique enough for people to recognize the brand based on its appearance.