What Is a Trademark?
A simple guide for startups and inventors — understand how trademarks protect your brand and identity.
When you create a new product or company, protecting the invention is only part of the equation. You also need to protect the brand people associate with it.
A trademark protects words, names, logos, and other identifiers that distinguish one company's products or services from another's. In the United States, trademarks are registered through the United States Patent and Trademark Office (USPTO).
The purpose of a trademark is simple: to prevent consumer confusion. If customers see a name or logo, they should be able to trust that it comes from a specific company.
For startups and inventors, trademarks are often one of the most valuable forms of intellectual property. A strong brand can outlast even the products it represents.
How Trademarks Work
A trademark gives the owner the exclusive right to use a particular brand identifier in connection with certain goods or services.
If a trademark is registered and another company tries to use a confusingly similar name or logo, the owner may be able to stop them through legal action.
Key difference from patents: Unlike patents, which expire after a set period of time, trademarks can potentially last indefinitely as long as they remain in use and the required renewals are filed. This is why some brands have remained protected for decades.
What Can Be Trademarked?
Most trademarks fall into two main categories: brand names and logos.
Company Names
Product Names
Logos & Symbols
Taglines & Slogans
These identifiers help consumers quickly recognize the source of a product or service. For startups and inventors, protecting the name of a product, company, or platform is usually the first step in building a recognizable brand.
Special Types of Trademarks
While most trademarks involve words or logos, U.S. law also allows certain non-traditional trademarks.
Sounds
Distinctive audio identifiers used in advertising or products
Colors
A specific color strongly associated with a brand
Trade Dress
Distinctive product packaging or design elements
These types of marks are less common and typically require stronger evidence that consumers recognize them as brand identifiers.
The Difference Between ™ and ®
You've probably seen these symbols next to brand names. They represent different stages of trademark protection.
TMBefore registration
Trademark TM
- Indicates a company claims rights to a name or logo
- Does not require federal registration
- Often used while a trademark application is pending
®After registration
Registered ®
- Officially registered with the USPTO
- Provides stronger legal protection
- Can only be used after registration is approved
Companies begin using ™ early in branding and switch to ® once registered.
Trademark Filing Costs and Timeline
Registering a trademark involves filing an application with the USPTO.
Filing Fees
Per class of goods or services. Additional costs may apply when working with attorneys or filing platforms.
Review Timeline
From filing to registration. Some applications may take longer if issues arise during examination.
Once registered, trademarks must be periodically renewed and maintained through continued use.
Patents vs. Trademarks
Many new founders confuse patents and trademarks, but they protect very different things.
| Type of Protection | What It Covers | Example |
|---|---|---|
| Patent | How an invention works | A new machine or technology |
| Trademark | Brand names and logos | A company name or product brand |
A startup might use both forms of protection. For example, a company could patent a new technology while also trademarking the brand name used to sell it. Together, these forms of intellectual property help businesses protect both their innovation and their identity.
Trademarks Outside the United States
Trademark protection is generally territorial, meaning a registration only applies in the country where it is granted.
An inventor or startup that registers a trademark in the United States through the USPTO can later pursue protection in other countries if the brand expands internationally.
Why Trademarks Matter for Startups
For inventors and early-stage companies, a trademark often becomes one of the most valuable business assets.
Build Trust
Help customers recognize and trust your brand
Prevent Copying
Stop competitors from using your name or logo
Grow Value
Increase the long-term value of your company
Protecting a brand early can make it much easier to grow a product or company without worrying about someone else claiming the same identity. For many founders, registering a trademark is one of the first steps toward building a lasting brand.
Ready to Protect Your Brand?
Start with a trademark search to check availability, or learn more about the filing process.