Trademark Basics: Protecting Your Business Name and Logo

A trademark protects the words, names, symbols, and logos that identify your business in the marketplace — and registering one gives you significantly stronger legal tools than relying on common-law rights alone.

What Can Be Trademarked

Trademarks can protect business names, product names, logos, slogans, and in some cases even distinctive sounds, colors, or packaging designs, as long as they're used to identify the source of goods or services.

Marks that are simply descriptive of the product itself, or generic terms for a category of goods, generally receive weaker or no trademark protection, while distinctive or suggestive marks receive stronger protection.

Common Law Rights vs. Federal Registration

Using a mark in commerce creates some common-law trademark rights automatically, but those rights are generally limited to the specific geographic area where the mark is actually used.

Federal registration with the U.S. Patent and Trademark Office provides nationwide protection, a legal presumption of ownership and validity, and the ability to use the ® symbol, along with stronger remedies against infringement.

Choosing and Clearing a Mark

Before investing in a name or logo, a trademark clearance search helps identify whether a similar mark is already in use for related goods or services, reducing the risk of a costly rebrand or infringement claim later.

Choosing a distinctive, non-descriptive mark from the outset generally makes registration easier and the resulting protection stronger.

Frequently Asked Questions

Do I need to register my business name as a trademark?

It's not required to use a name, but registration provides significantly stronger legal protection if someone else starts using a similar name.

How long does trademark registration last?

Federal registration can last indefinitely as long as the mark remains in use and required renewal filings are made on schedule.

Trademark protection is one of the most valuable and most overlooked investments a new business can make. An attorney can help you clear, register, and enforce your trademark rights.