A trademark is a unique symbol or word(s) used to represent a business or its products. Once a trademark is registered, that same symbol or series of words cannot be used by any other organization forever as long as it remains in use and proper paperwork and fees are paid. Unlike patents, which are granted for a period of 20 years, trademarks never end. Companies do need to apply for them and receive ownership confirmation from the U.S. Patent and Trademark Office in order to claim protection.

Signs of Trademarks

To indicate that a trademark has been claimed, companies use one of three symbols:

• ™ – Using the trademark symbol after a logo or phrase alerts competitors that you have claimed this symbol or phrase as your own, but you don’t have to have even formally applied for it.
• ® – Only trademarks that have been officially granted by its office can use the ® symbol, which stands for a registered trademark.
• ℠ – Companies that sell services, not products, have the option to use the service mark logo, but most use the ™ instead for simplicity.

Protecting a Trademark

Although trademarks are issued for the life of a company or product, businesses do need to guard against phrases becoming generic. This typically happens over time when people use a company’s product name to mean all products or processes like it. To continue to claim trademarks, those companies need to notify people who misuse the term to stop.

Benefits of Trademark Registration

Once a trademark has been granted, the owner receives three key benefits:

• A notice of claim to any other businesses thinking of using the same symbol or word as its trademark
• A legal presumption of ownership, which can help fend off would-be users
• The exclusive right to use the claimed trademark