Find out how trademarks differ from copyrights and patents, what can be trademarked, and more.
What would you like to protect?
updated September 1, 2023 · 2min read
A trademark is a design, symbol, word or phrase that identifies the source of your products and distinguishes them from the products of other companies.
The word “Coca-Cola” is a trademark, as are “Coca-Cola” written in stylized script and the original curvy Coca-Cola bottle design.
A service mark is a trademark for a company that provides services. The word “trademark” is often used to refer to both trademarks and service marks.
You can trademark many of the things that you use to distinguish your business from other businesses. You might have a trademark for:
You do not get trademark protection by registering your mark with the U.S. Patent and Trademark Office (USPTO). Trademark protection comes from using a mark in commerce to identify the source of your business’s goods or services.
A mark may have any of the following types of trademark protection:
A common law trademark may last for as long as you continue to use the mark, though you could lose your protection if you fail to enforce your rights.
A federal trademark registration lasts for 10 years and is renewable for additional 10-year periods. State trademark registrations are governed by state law, and the requirements vary from state to state.
Trademarks, copyrights, and patents all protect your rights to your intellectual property. However, each protects a different type of property.
by Jane Haskins, Esq.
Jane Haskins is a freelance writer who practiced law for 20 years. Jane has litigated a wide variety of business disp...
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