If you’re building a business, your brand is one of your most valuable assets. Understanding how trademarks protect that brand is essential for any entrepreneur.
Trademarks serve one fundamental purpose: they identify the source of goods or services to consumers. When customers see a trademark, they can immediately assess the quality of what they’re buying based on their prior experiences with that brand.
A trademark can take many forms. While most commonly seen as words or logos, trademarks can also be colors, scents, or other distinctive elements that consumers associate with specific products (goods) or services. For example, the Starbucks name and green logo help customers know exactly what to expect from their coffee. Similarly, Apple’s logo instantly communicates the quality of their computers and smartphones. When you see the Golden Arches or the McDonald’s name, you know how your food will taste. The Nike name or swoosh helps a consumer assess the quality of the athletic shoes or clothing. These are all famous trademarks, but as a brand owner, your goal should be to build up that association between your trademark and your goods or service.
Beyond identifying products, trademarks also protect businesses from competition that could confuse consumers. Through a legal concept called “likelihood of confusion,” trademark owners can prevent competitors from using similar names or marks when selling similar goods or services.
Three Takeaways:
- Trademarks are source identifiers that help consumers evaluate product quality
- Trademarks can be words, logos, designs, sounds, scents, or colors
- Every trademark must be connected to specific goods or services
Looking to protect your brand? Contact us to discuss your trademark needs.
Author: Robert McConnell, Founder and Principal Attorney at McConnell Law Firm PC. Mr. McConnell is a registered patent attorney with 25 years of experience and nearly two decades working with tech and legal startups in Silicon Valley.