Definition of Trademark

A trademark grants the creator of a name or symbol the exclusive right to use the name or symbol that they created. A trademark is a legal right granted by the U.S. Patent and Trademark Office (USPTO).
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Companies develop trademarks to identify the goods of their business and to distinguish these goods from the goods of others. Without trademarks, one company might create a clever logo or product name, invest in the asset, and then find that a competitor is using the same logo or name.

Unlike patents, trademarks are renewed forever as long as they are being used in business. If you don't actively use a trademark, you can lose the protection.

To learn more, and as a cure for your insomnia, read the United States Trademark Act 15 U.S.C. Section 1127 (1988).

Trademark References On This Site

These Gaebler.com articles mention this glossary term:

• Franchisees Versus Licensees - First and foremost, franchisees typically retain rights to the parent company’s trademark and logo. This is important because it is a...
• International Patents - Patent and Trademark Office. Even if you file a U.S. patent...
• Restaurant Franchises - Uno’s offers diners their trademark, Chicago-style pizza as well as a number of...
• E-Commerce Agreements - As such, you can't just indiscriminately paste other people's trademarks on your site. You need permission to display trademarked...
• Accounting Terminology for Entrepreneurs: A - Intangible assets: patents, copyright, brand names, goodwill, trademarks, etc...
• Deducting Business-Related Legal Expenses - The types of legal expenses that many business owners deduct after they have gotten past the startup stage (and that don't otherwise require capitalization) include: applying for patents, trademarks and copyrights; preparing and revising contracts; collecting debts; getting...
• Franchising in China (Part 4 of 4) - Legal Matters Franchises should make efforts to protect its brand name and trademark. Brand names should be registered in accordance with the...
• Role of Consistency in Effective Branding - It is a unique and identifiable symbol, association, name or trademark which serves to differentiate competing products or services...
• Naming My Business - Keep in mind that some businesses only file trademarks within their locality, so it's possible that the...
• Understanding Patents and Trademarks - Patent and Trademark Office (USPTO) issues patents to protect certain rights for...
• Cybersquatting - Cybersquatting involves individuals or companies registering domain names representing existing brand names without legitimate claims to use those trademarks. Typically, cybersquatters intend to sell the domain names to...
• Interview with Aging Backwards Founder Jackie Silver - Being a television correspondent on a syndicated show under my Aging Backwards trademark, as well as beauty editor for a very popular...
• Interview with Art By Chocolate Founder Lee Reizian Holmes - This included applying for two trademarks (one of which recently got approved and the other...
• Five Questions to Ask the Patent Lawyer - Patent and Trademark Office. If your attorney doesn't possess this certification...
• Franchise Or Business Opportunity: The Difference - When you open a franchise, you own the business and its infrastructure along with the right to use the franchising company’s brand, trademarks, and promotional materials. In most cases you also own...
• How to File a Trademark Application - But here's the big question: Is your trademark protected and if not, do you know the necessary steps involved with making it secure? There is only one way to adequately protect your trademark and that is to register it with the U...
• Service Marks - Patent and Trademark Office. The unregistered use of the symbol simply indicates...
• Trademark Searches - The surest way to determine the distinctiveness of a potential trademark is to conduct a trademark search. If you plan to register your trademark with...
• How Long Does It Take to Get a Patent? - Patent & Trademark Office...
• The Name Game - The best way to make sure that your company's name is unique is to conduct a name and trademark search. If you aren't able to do this...
• Preparing for Due Diligence - Include additional files for trademarks, trade secrets, copyrights and domain names as needed...
• Prior Art - Patent and Trademark Office...
• Keeping Business Records Organized - According to experts in records management, businesses, associations and not-for-profits should permanently keep the following documents: Audit reports Board minutes Cancelled checks for special contracts, important payments, asset purchases and payment of taxes—keep each check with the appropriate documentation to explain the purchase Capital stock and bond records Cash books Charts of accounts Computer backups Constitution and bylaws Contracts and leases (those that are still in effect) Correspondence concerning legal and other important matters Deeds, bills of sale and mortgages Depreciation schedules Insurance records Minutes for directors’, stockholders’ and charter meetings Payroll records Property records, including blueprints and plans Retirement information, including IRA and Keogh contributions Stock and bond certificates—even the cancelled ones Tax returns Trademark, copyright and patent registration...
• Legal Tips for Entrepreneurs - Unless you think it's a good idea to make your company's name, marketing campaigns, and products available in the public domain, you need to learn as much as you can about trademark law and take the appropriate steps to inoculate your...
• Incorporating in Canada - Your corporate name is a valuable trademark that must be protected against theft and unauthorized usage...
• Planning a Patent Strategy - Further, patent protection can, and should be, complemented with both trademark and copyright protection. The i-pod, for example, is...
• The Concept of Asset Depreciation Part 1 - For example, subscribers list, trademarks, patents, franchises business license. These are not depreciable instead...
• Franchise Contracts 101 - The kinds of rights you can expect to receive with your franchise include rights to trademarks, copyrights, territorial exclusivity, recipes, “secret formulas”, etc...
• Protecting My Franchise Territory - For example, does either the franchisee or the franchisor have the right to renegotiate territorial boundaries after a specified period of time? Or what happens if the franchisor decides to open a similar franchise company under a different trademark...
• Ways to Buy a Business - When buying a company's assets, you can buy intangible assets, such as the name of the firm, customer lists, patents, trademarks and contracts. Importantly, you can opt to not buy...
• Business Naming - Beware of existing company trademarks and relevant copyright laws. The last thing your new...
• Interview with TTB Technologies Founder John Boyd - Finding a new name was difficult with so many domain name squatters, potential trademark issues and conflicting opinions. We are happy the new...
• Five Questions to Ask the Patent Lawyer - Patent and Trademark Office. If your attorney doesn't possess this certification...
• Franchise Contracts 101 - The kinds of rights you can expect to receive with your franchise include rights to trademarks, copyrights, territorial exclusivity, recipes, “secret formulas”, etc...
• Franchisees Versus Licensees - First and foremost, franchisees typically retain rights to the parent company’s trademark and logo. This is important because it is a...
• How to File a Trademark Application - But here's the big question: Is your trademark protected and if not, do you know the necessary steps involved with making it secure? There is only one way to adequately protect your trademark and that is to register it with the U...
• Naming My Business - Keep in mind that some businesses only file trademarks within their locality, so it's possible that the...
• Franchise Or Business Opportunity: The Difference - When you open a franchise, you own the business and its infrastructure along with the right to use the franchising company’s brand, trademarks, and promotional materials. In most cases you also own...
• Prior Art - Patent and Trademark Office...
• Protecting My Franchise Territory - For example, does either the franchisee or the franchisor have the right to renegotiate territorial boundaries after a specified period of time? Or what happens if the franchisor decides to open a similar franchise company under a different trademark...
• Restaurant Franchises - Uno’s offers diners their trademark, Chicago-style pizza as well as a number of...
• Service Marks - Patent and Trademark Office. The unregistered use of the symbol simply indicates...
• E-Commerce Agreements - As such, you can't just indiscriminately paste other people's trademarks on your site. You need permission to display trademarked...
• Keeping Business Records Organized - According to experts in records management, businesses, associations and not-for-profits should permanently keep the following documents: Audit reports Board minutes Cancelled checks for special contracts, important payments, asset purchases and payment of taxes—keep each check with the appropriate documentation to explain the purchase Capital stock and bond records Cash books Charts of accounts Computer backups Constitution and bylaws Contracts and leases (those that are still in effect) Correspondence concerning legal and other important matters Deeds, bills of sale and mortgages Depreciation schedules Insurance records Minutes for directors’, stockholders’ and charter meetings Payroll records Property records, including blueprints and plans Retirement information, including IRA and Keogh contributions Stock and bond certificates—even the cancelled ones Tax returns Trademark, copyright and patent registration...
• Legal Tips for Entrepreneurs - Unless you think it's a good idea to make your company's name, marketing campaigns, and products available in the public domain, you need to learn as much as you can about trademark law and take the appropriate steps to inoculate your...
• Incorporating in Canada - Your corporate name is a valuable trademark that must be protected against theft and unauthorized usage...
• Cybersquatting - Cybersquatting involves individuals or companies registering domain names representing existing brand names without legitimate claims to use those trademarks. Typically, cybersquatters intend to sell the domain names to...
• Interview with Aging Backwards Founder Jackie Silver - Being a television correspondent on a syndicated show under my Aging Backwards trademark, as well as beauty editor for a very popular...
• Planning a Patent Strategy - Further, patent protection can, and should be, complemented with both trademark and copyright protection. The i-pod, for example, is...
• Preparing for Due Diligence - Include additional files for trademarks, trade secrets, copyrights and domain names as needed...
• Deducting Business-Related Legal Expenses - The types of legal expenses that many business owners deduct after they have gotten past the startup stage (and that don't otherwise require capitalization) include: applying for patents, trademarks and copyrights; preparing and revising contracts; collecting debts; getting...
• Role of Consistency in Effective Branding - It is a unique and identifiable symbol, association, name or trademark which serves to differentiate competing products or services...
• The Concept of Asset Depreciation Part 1 - For example, subscribers list, trademarks, patents, franchises business license. These are not depreciable instead...
• International Patents - Patent and Trademark Office. Even if you file a U.S. patent...
• How Long Does It Take to Get a Patent? - Patent & Trademark Office...
• Business Naming - Beware of existing company trademarks and relevant copyright laws. The last thing your new...
• Trademark Searches - The surest way to determine the distinctiveness of a potential trademark is to conduct a trademark search. If you plan to register your trademark with...
• Ways to Buy a Business - When buying a company's assets, you can buy intangible assets, such as the name of the firm, customer lists, patents, trademarks and contracts. Importantly, you can opt to not buy...
• The Name Game - The best way to make sure that your company's name is unique is to conduct a name and trademark search. If you aren't able to do this...
• Understanding Patents and Trademarks - Patent and Trademark Office (USPTO) issues patents to protect certain rights for...
• Accounting Terminology for Entrepreneurs: A - Intangible assets: patents, copyright, brand names, goodwill, trademarks, etc...
• Interview with Art By Chocolate Founder Lee Reizian Holmes - This included applying for two trademarks (one of which recently got approved and the other...
• Interview with TTB Technologies Founder John Boyd - Finding a new name was difficult with so many domain name squatters, potential trademark issues and conflicting opinions. We are happy the new...
• Franchising in China (Part 4 of 4) - Legal Matters Franchises should make efforts to protect its brand name and trademark. Brand names should be registered in accordance with the...