'Dilution' is any use of a trademark that weakens its distinctiveness

Trademarks are a form of consumer protection

Trademarks help brands distinguish their products from competitors, but they also give consumers clarity around the product they are buying and where it comes from. Distinguishable names help prevent consumer confusion and maintain a consumer's ability to choose their preferred product and brand.

Learn what constitutes trademark infringement

Infringement is a trademark violation that threatens the owner's exclusive right to use a trademark. The general standard for proving any trademark infringement is the likelihood of causing confusion to a normal consumer.

'Genericide:' Learn how too much brand awareness can hurt a company's trademark

When a brand becomes so popular that consumers regularly call the product by the brand name like a noun or verb, that trademark becomes generic because consumers no longer associate a specific brand with a certain product. A generic product can hurt a company's right to trademark or even cause companies to lose it. (Some users may experience a paywall.)

Scents, when they are truly unique and identifiable to a particular brand, can be trademarked.

Trade dress is a form of trademark that applies to the physical appearance of a product

Distinct visual characteristics of products, like the shape of a Coca-Cola bottle or the interior layout of an Apple store, can be protected. These characteristics are protected to help consumers quickly identify certain brands.

Trademarks protect the branding of a service or product, while patents protect the product or service itself

Trademark protections cover the branding of a service or product, like its logo, its smell, or even its shape. However, patent protections give inventors exclusive control over a new product—as long as those inventors disclose how the product works and how they made it.

Learn what different trademark symbols mean

In the US, brands can technically use a trademark without actually filing a trademark with the United States Patent and Trademark Office—which is where the ™ symbol comes from. However, brands that have officially filed trademarks can use the ® symbol in their branding.

Trademarks are just one type of intellectual property

Intellectual property refers to any intangible "creation of the mind," which includes ideas, creative works, and even trade secrets. Trademarks, copyright, and patents are all protected by intellectual property laws—but each protection is separate and distinct.

The value of a trademark is just one element of brand valuation

Brand valuations give companies an idea of how valuable assets, like logos, are to the company and can help determine how much money branding departments should receive. Typically, brand valuations are a compilation of brand awareness metrics, like a consumer's willingness to pay, the value of a trademark, and the company's market position.

The median trademark of public companies in the US is worth $22.5M

There are multiple approaches to evaluating the value of a trademark. Some strategies include analyzing the value of royalty payments a trademark produces and the cost of recreating the trademark or brand.

Non-use or lapsed filings can cause a trademark to expire

Going more than three consecutive years without using a trademark can be considered abandonment—which means the trademark falls into the public domain and someone else could potentially file for the trademark. Besides non-use, not maintaining the paperwork or paying the fees can result in a terminated trademark.

Listen to the pros and cons of owning a trademark as a small business owner

For many small business owners, it can be hard to decide when the time is right to file a trademark. This trademark lawyer says the decision often comes down to a product's branding, the size of the business, and how established the company is.

Breaking down the main classes of intellectual property: trademark vs. copyright vs. patent

Trademarks, copyrights, and patents are all intellectual property classifications that give exclusive ownership of ideas and concepts to individuals or businesses. Patents usually refer to innovative products or processes, copyrights are centered around the right to reproduce content, and trademarks usually involve branding elements, like names, logos, and distinct product elements.

Frisbee, Jet Ski, and Dumpster—explore a list of words you might not realize are trademarked

Many products that have become household names started out as first-of-a-kind items. As those products grew in popularity, the brand name became the default name for the product.

Explore a list of trademarked phrases

Trademarks can extend to phrases and slogans when the words become brand identifiers. Some phrases that have been trademarked are famed boxing announcer Michael Buffer's "Let's get ready to rumble!" and reality television star Paris Hilton's "That's hot."

Exclusionary ads can help win over customers, some marketers argue

Slogans like "if you don't like dark roast, this coffee isn't for you," also known as "dissuasive framing," can entice specific groups of customers, some marketers say. The shift comes from the perceived authenticity of a company admitting that a product is not perfect for everyone.

The international trademark framework is called the Madrid Protocol

Trademarks vary from country to country, but an agreement called the Madrid Protocol allows trademark protections across more than 100 participating countries. While the Madrid Protocol expands trademark access, it doesn't necessarily grant blanket protections across the participating countries, meaning each country is still in charge of its own trademark enforcement.

These famous brands used to have different names

Did you know that Nike used to be called Blue Ribbon Sports? Or that Google was originally named BackRub? Getting a brand's name right is a tough job; there's an entire cottage industry of brand naming agencies to prove it. See which brands got it right the first time—and which ones might be better off with their current names—in this article.

Taylor Swift owns more than 300 trademarks—a strategic way she protects her brand

Taylor Swift holds trademarks ranging from her album titles and song lyrics to the names of her cats. While the sheer amount of trademarks may seem excessive, it's one way Taylor Swift can protect the integrity of her brand and make sure everything that's branded as Taylor Swift actually comes from her.

The 'dupe' economy is fueled by the youthful thrill of thrift

Historically, you don't want people to know you have a knock-off luxury item. But today's younger generations are embracing the "dupe" economy, an open celebration of luxury knock-off items where consumers are proud to pay less for something roughly equivalent to premium brand offerings.

Explaining concentrate and how concentrate-derived juice differs from its source

Developed to reduce the volume of goods—thus lowering storage and shipping costs—the concentration process uses pressure and heat to remove water, pulp, and skin from fruits. Concentrates provide significant flavor, sugar, and calories to foods in small quantities, but do not retain most of the fiber, vitamins, and other nutrients from the source fruit.

Find 36 hidden messages in these household name company logos

Search the official trademark database

The official trademark registry is managed by the United States Patent and Trademark Office. The registry shows the trademark's status, the owner, and the trademark's serial number.

McDonald's intentionally avoids using the word 'milkshake'

The restaurant's US menus use an abbreviated term: the simple "shake." Conspiracy theorists suggest this means the chain doesn't use actual milk, but the truth is a bit more complicated and—much to their displeasure—mostly related to dairy regulations.

Patents arguably grant inventors monopolies for a short period of time

As a way to reward innovation, the government grants short-term monopolies on patented products. Patents block other companies from producing or selling that product, giving inventors the rights and opportunity to establish themselves in a market before other competitors enter.

Read about different levels of price discrimination

Price discrimination is a business practice in which different customers are charged different prices for the same product or service. It's one way for a business to boost profits and take advantage of its market position. There are three levels of price discrimination, differentiated by the consumers targeted and the reasons for discrimination.

Company names you may have been mispronouncing

Global company names often get Americanized or anglicized to the point where they’re unrecognizable. Here's a helpful explainer on how to say a dozen of them, from Adidas to Huawei.

Read about the time Apple tried to trademark an actual apple in Switzerland

In 2017, tech company Apple filed for the trademark to a black-and-white image of a Granny Smith apple in Switzerland—a request that was only partially granted. Apple wanted full control over the image, but many worried that granting the trademark would open up too many opportunities for the company to own the rights to the mere shape of an apple.

Nike is one of the world's most recognizable brands, partly due to its 'swoosh' logo.

Some ads help create ‘symbolic value’ for products

A Rolex watch and a watch from the Dollar Store serve the same purpose: helping the wearer tell the time. But a Rolex is worth thousands of dollars while the Dollar Store watch is costs $1 because of symbolic value, or what the watch says about its wearer. This article helps break down the difference between the two.

'Deinfluencing' explained

You’ve probably heard of influencers, but have you heard of “de-influencers?” Basically, the de-influencing trend started when creators began making videos about products you shouldn’t buy, rather than sponsored content promoting things you should purchase. Comedian Taylor Tomlinson recently cracked some jokes about the trend, and its companion “under consumption-core.”

Dollar stores can have negative impacts on local businesses

When a household name dollar store like Dollar General opens in a small town or local community, neighborhood businesses often lose out on key sales, driving revenue down and putting them at risk of closure. This has led some experts to argue that dollar store chains can cause economic stress, rather than relieve it.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

'NIL' in college sports refers to 'name, image, and likeness'

In 2021, the NCAA began allowing its student-athletes to profit from using their name, image, and likeness, now often called NIL. While this is now permitted by the NCAA, state law (and school policies) largely dictate what is permitted.

Market concentration and high markups don't always signal a monopoly

When regulators and economists evaluate whether a company constitutes an illegal monopoly, they often consider its overall market share or its relatively high price markups. This piece argues that the Olley-Pakes decomposition is a better measure, identifying whether customers within a market are switching to more productive companies.

Read the Federal Trade Commission's legal definition of a monopoly

The Federal Trade Commission and the US Department of Justice (DOJ) Antitrust Division are the regulatory agencies responsible for overseeing antitrust laws. Before deeming any company a monopoly or acknowledging monopolistic power in a market, the FTC conducts thorough research into market competition, price, and even other competitors' business practices.

'Buying the dip' refers to purchasing stocks or ETFs after a price decline in anticipation of a rebound

Some investors see it as getting a discount before the market recovers and the temporary declines turn into gains.

USP-verified label on supplements means a nonprofit confirmed what's in the bottle

The black-and-yellow USP-verified program seal on a dietary supplement bottle means that the nonprofit US Pharmacopeia tested a sample of the product and verified that it was made in a facility with good manufacturing practices and that it will dissolve in the body. Their certification also means they tested to confirm that the product contains the ingredients listed on the bottle at the specified levels, and that it doesn't contain harmful levels of certain dangerous contaminants.

Network effects are the economic term for a good or service's popularity

When goods or services become especially popular, firms that provide that good or service become dominant in the market—which can ultimately lead to a monopoly.

The original Mickey Mouse's copyright has expired, but Disney still owns the trademark

In 2024, "Steamboat Willie"—the 1928 Walt Disney animation with the first depiction of Mickey Mouse—entered the public domain. While anyone is free to build on the original characters and storyline of "Steamboat Willie," Disney still owns the trademark for Mickey Mouse, so any branding with the character's depiction that appears to be from Disney is off-limits.

How big brands keep your loyalty

We perceive ourselves as rational decision-makers—but research about our consumption habits suggest we are easily played by clever marketing. Here's how big brands design their branding to keep you coming back.

US federal law dictates that all ads must not be deceptive

It also dictates that all ads must be “not misleading, and, when appropriate, backed by scientific evidence.” However, enforcing these laws can be difficult given the massive number of ads that run all over America each day. This explainer on the subject from the FTC provides more information.

Disney's IP problem, according to industry experts

Disney seems to be an unstoppable force in the entertainment industry, but after an unprecedented high point in 2019, the company began losing money. In this podcast, two industry veterans discuss what they see as Disney's existential problems: an overreliance on preexisting material and an inability to innovate as it once did.

TikTok's 'sonic logo' imprints the app's identity across platforms

As the app's popular videos spread to other platforms like Instagram and Reddit, the company sought a way to alert viewers that the content originated on TikTok. They decided on the sonic logo that now acts as a bumper on all of its shared videos, to attract users.

Graffiti exists in a legal gray area

"Street art" has become a major seller in the art world, yet many states still consider graffiti to be illegal vandalism. Copyright law complicates the situation further, offering protections for "original works of authorship fixed in a tangible medium of expression," even if they've been created illegally.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Deepfakes are media created using generative AI tools that intentionally misrepresent real people or events—often for malicious purposes—at the cost of public trust, security, and privacy.

Why water is the universal solvent, despite not being good at dissolving many substances

Because oxygen attracts electrons much more strongly than hydrogen does in H₂O, the molecule is polar, with a negative charge at the oxygen atom and positive charges at the hydrogen atoms. These charged regions can attract and pull apart charged portions of other polar molecules, such as washable inks, but are unable to dissolve nonpolar materials, such as glass and asphalt.

The Coca-Cola bottle was designed to be recognizable even when shattered

The contour bottle, which was designed and patented to prevent copycats in its distributed bottling system in 1915, would soon become one of the most identifiable shapes in commercial culture. The designers also made sure it could be easily identified even in the dark.

Disinflation, a decrease in the rate of inflation, is different from deflation

Disinflation happens when prices are still going up, just at a slower rate. Prolonged disinflation is also often accompanied by a recession, making it painful for consumers.