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Intellectual Property: Patents, Trademarks, and Copyrights

Trademarks: Brand Names and Logos

A trademark is a word, name, phrase, or symbol which identifies and distinguishes the business or provider of goods or services. Trademark applications may be more complex than copyright submissions. Trademarks are granted by the U.S. Patent & Trademark Office (USPTO). Trademarks registered with the USPTO are marked with an encircled letter “”. On the other hand, marks registered by a state government or common law are marked with a “TM” after the trademarked name or symbol. Nolo notes that owners of unregistered common law marks may have legal rights within their geographic areas.  The USPTO describes common law rights existing from actual use of a mark. For more about common law use with a "TM" on your mark, see How to Establish a Common Law Trademark by Michelle Kaminsky, Esq.

Registering your trademark with a government agency, while monitoring and enforcing its unauthorized use, is critical to protecting it. Otherwise, you could risk losing it through a form of abandonment known as trademark genericide. There are many trademarked brand names we use as general words without realizing it.  Such trademarks are highly guarded by their owners.

From an economic standpoint according to ipwatchdog.com, “…a trademark is just a symbol that allows a purchaser to identify goods or services that have been acceptable in the past and reject goods or services that have failed to live up to the desired standards, which will vary from consumer to consumer.”

You may also hear the expression “service mark,” or see the tag “SM,” which is basically the same. Whereas trademarks apply to products or brands, service marks apply to services by indicating the source. Common law allows posting a TM symbol without registration, but it is not as secure as registration with a government agency, for example, federal or state government. The USPTO offers a Trademark Basics guide with additional details.

Trademarks are traditionally associated with urban innovation and big industry, yet farms, agri-businesses and food entrepreneurs utilize trademarks as well. See Farm & Dairy article, "How to Trademark Your Farm Business," by Sara Welch for details.