Brand names

Logos

Slogans/taglines

Product or service names

Colors (e.g., a distinctive shade tied to a brand)

Sounds (e.g., short audio jingles)

Shapes/packaging (trade dress)

Motion marks (animated logos)

Grants the owner the right to use the mark in commerce for specific goods/services

Prevents others from using confusingly similar names or logos

Reduces the risk customers mistake another product/service for yours

Protects brand reputation from being harmed by imitators

Enables cease-and-desist demands

Supports takedowns on marketplaces and social platforms

Allows lawsuits for infringement and possible remedies (damages, injunctions)

Signals consistent quality and origin

Strengthens customer loyalty and recognition

Increases company valuation and attractiveness to investors/partners

Trademark: goods/products

Service mark: services (often treated similarly in practice)

Rights often arise from actual use, depending on jurisdiction

Ongoing use is typically required to maintain rights

Fanciful (invented words): strongest (e.g., “Xerox”)

Arbitrary (real word unrelated to product): strong (e.g., “Apple” for computers)

Suggestive (implies qualities): moderate-strong (e.g., “Netflix”)

Descriptive (describes product): weak unless secondary meaning is proven

Generic (common term): not protectable (e.g., “Bread” for bread)

Similarity in appearance, sound, meaning

Relatedness of goods/services and marketing channels

Strength of the original mark and evidence of actual confusion

Common law (unregistered): limited, often local, harder to enforce

Registered: broader presumptions and stronger enforcement options

Public notice of ownership

Clearer nationwide/territorial priority (varies by country)

Easier enforcement with customs/online platforms

Ability to license and franchise with clearer legal backing

Clearance search

Filing an application

Examination by trademark office

Publication/opposition period

Registration and maintenance

Standard spelling and stylization

Keep logo versions controlled and documented

™ for unregistered marks

® only after registration in the relevant jurisdiction

“ACME® software” instead of “an ACME”

Helps prevent the mark from becoming generic

Brand style guide for employees and partners

Approval process for marketing materials

Unauthorized use likely to cause consumer confusion

Often involves similar marks on related goods/services

Blurring: weakens uniqueness of a famous mark

Tarnishment: harms reputation by unsavory association

Use of identical/substantially indistinguishable marks on fake goods

Often triggers stronger penalties

Bad-faith registration of domains similar to trademarks

Potential remedies through dispute procedures (e.g., UDRP)

Watch services for new filings

Regular checks of marketplaces, app stores, social media, ads

Informal outreach

Cease-and-desist letters

Platform complaints (IP reporting)

Opposition/cancellation actions

Litigation when necessary

Dates of first use

Marketing materials, invoices, screenshots

Proof of consumer recognition and sales

Protection generally applies country-by-country

Madrid System for multi-country filings (where applicable)

Regional systems (e.g., EU trademark)

Transliteration/translation of brand names

Local conflicts and cultural meaning

Protects original creative works (e.g., artwork in a logo), not the brand identifier function

Protect inventions/technical solutions, not names/logos

Protect confidential business information, not public-facing branding

Prevents a competitor from using a confusingly similar name in the same market

Stops imitators from using similar icons or stylized lettering that misleads customers

Can protect distinctive packaging or store design that signals brand origin