A strong brand is more than a logo or a catchy name, it’s the reputation, recognition, and trust your business builds with every interaction. Trademarks are the legal tools that transform those intangible elements into protected assets, allowing you to safeguard what makes your brand unique.
In this article, we’ll walk through the essentials of trademarks: how to secure them, why maintaining their strength is critical, and what steps to take if your rights are infringed.
What Is a Trademark?
A trademark is any word, phrase, symbol, design, or combination that identifies and distinguishes your goods or services from those of others. Think of the golden arches for McDonald’s or the Nike swoosh. These marks aren’t just logos, they are powerful brand identifiers.
Trademarks can include:
- Names
- Logos
- Slogans and taglines
- Distinctive packaging or trade dress
Unlike copyrights or patents, trademarks can last indefinitely as long as they are properly registered, renewed, and used in commerce.
Securing Your Trademark
The first step in protecting your brand is ensuring your chosen mark is distinctive and available. Trademarks are strongest when they are unique or arbitrary terms, not descriptive. For example, “Apple” as a mark for computers is powerful because computers are unrelated to the fruit.
Steps to secure a trademark include:
- Conduct a clearance search – A search helps avoid conflicts with existing marks and reduces the risk of future disputes.
- File with the USPTO – Registration provides nationwide protection, puts others on notice of your rights, and creates legal presumptions that strengthen your position in disputes.
- Consider international protection – If you plan to expand globally, tools like the Madrid Protocol streamline international filings.
Maintaining Trademark Strength
Securing a trademark is only the beginning. To keep it strong and enforceable, consistent and correct use is key.
Best practices include:
- Use the correct symbols – ™ for an unregistered mark, ® once it’s registered with the USPTO.
- Stay consistent – Use the mark in the same form across products, packaging, and marketing.
- Avoid generic use – Don’t let your mark become the common word for the product (e.g., “aspirin” and “escalator” were once protected marks that became generic).
- Renew on time – U.S. registrations require maintenance filings at regular intervals to remain active.
A strong, consistently used trademark not only protects your brand identity but also adds long-term value to your business.
Enforcing Your Rights
Even the strongest trademark can lose value if it isn’t defended. Monitoring the marketplace for potential infringement helps ensure competitors don’t dilute or misuse your brand.
Enforcement tools include:
- Cease-and-desist letters – Often the first step in stopping unauthorized use.
- Oppositions or cancellations – Challenge conflicting marks during or after registration.
- Litigation – When necessary, courts can issue injunctions, damages, or other remedies.
Many disputes are resolved before reaching litigation, but taking prompt action reinforces the message that your brand identity is not up for grabs.
Why Trademarks Matter
A well-managed trademark strategy pays off across the business lifecycle:
- Brand recognition – Builds trust with customers.
- Competitive edge – Distinguishes your business in crowded markets.
- Asset value – Trademarks can be licensed, sold, or leveraged in financing.
Whether you’re a startup choosing your first logo or an established company expanding into new markets, trademarks form the foundation for protecting and growing your brand identity.
Considering Trademark Protection
Trademarks can transform your brand into a valuable asset that builds recognition, trust, and competitive advantage. Deciding whether to pursue trademark protection involves evaluating both the legal requirements and the strategic role your brand plays in the market. If you are assessing whether your business should secure or strengthen trademark protection, the next step is to seek guidance from experienced trademark counsel who can help you determine the best protection strategy for your brand.
At Conley Rose, we help businesses safeguard their brand identity and build long-term value through strategic trademark protection. Contact us to schedule a confidential consultation with our team.