Trademarks are a form of consumer protection

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.

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.

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.

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

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.

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.

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

Unlike trademark infringement that hinges on the likelihood of confusing customers, trademark dilution is an illegal practice that threatens the distinctiveness of a trademark. In the US, famous brands like Nike and Google have a right to protection from dilution.

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.

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.

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 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.

'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.)

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.

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.

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.

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."

Find 36 hidden messages in these household name company logos

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.

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.

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.

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.

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.

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.

Colored paint lines on new tires mark different types in the factory

Each stripe helps warehouse workers and distributors identify tire types at a quick glance. This innovation became important a century ago as manufacturers scaled operations and developed distinct product lines.

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.

The difference between marketing and advertising: Advertising is technically a type of marketing

While the terms are often used interchangeably, technically speaking, marketing is any effort to promote a product or service. Advertising, on the other hand, is any paid effort to promote a product or service. Learn more about the difference in this article.

Tariffs are taxes levied on goods imported from abroad.

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.

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.

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.

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.

Trusts are estate planning tools

They’re used as a way to designate assets to beneficiaries while skirting certain taxes and maintaining one’s privacy. They can hold a wide range of assets, including cash, real estate, stocks, businesses, and more.

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

How companies track you around the internet, explained

Being able to track how users behave on websites is a massive opportunity for companies to hone their products, target their ads, and more. Dozens of trackers are on the average website you visit, depending on how you deal with that site's cookie policy, and Google is the chief tracker of them all. Learn about these companies and what they are tracking with this informative blog visualization.

Policymakers make complex trade-offs when considering tariffs—while they can generate government revenue and encourage the consumption of locally produced goods, they can also lead to higher consumer prices and may negatively impact economic growth.

Marketers often use psychological tactics to sway consumer action

From making someone feel as though a resource is scarce (“only one item left in stock!”) to invoking a sense of authority (“top dentists recommend this toothpaste”), marketers use a variety of psychological tactics to elicit a desired response from their target audience.

Ads follow you around the internet through technology called 'cookies.'

Temu mainly sells off-brand items, while Amazon offers brand names

A personal finance expert breaks down the key similarities between Temu and Amazon in a quick video so consumers can decide which is the better choice for their shopping needs.

Tranches slice financial products into segments

Specifically, tranches are slices of securities (think: bonds or mortgages) divided by risk and characteristics to attract different investors with a variety of risk tolerances.

Steve Jobs introduced Apple’s 'Think Different' marketing campaign

Jobs introduced the now-iconic “Think Different” marketing campaign. It won numerous awards, symbolized Apple’s new era under Jobs, and showed off his understanding of branding.

Modern antitrust law was created to combat the Standard Oil Trust

John D. Rockefeller's Standard Oil Trust enabled him to evade laws against a single corporation buying stock in another. His centralized board of directors held stock in many different oil companies under his control, allowing Rockefeller to eventually monopolize the oil refining industry. Efforts to regulate and prevent the Standard Oil Trust's monopoly became known as "antitrust" laws.

An overview of monopolies, when one company controls an entire market

In the business world, a monopoly exists when one company controls the entire market. Regulators take issue with monopolies because they have been found to limit consumer choices, raise prices, and hurt competition.

Trader Joe's isn't a public company, so it doesn't have to disclose its suppliers

However, when a product is recalled, the US FDA reveals the manufacturer. Business Insider dug into Trader Joe's recalled product history to figure out who is making its food. As it turns out, it's a multitude of suppliers, including big companies that make food for other grocers, such as PepsiCo's Naked Juice and Conagra.

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.

Both individuals and businesses can establish trusts

Business trusts can allow trustees to manage a beneficiary’s stake in a business, and more. There are many different specific types of business trusts.

Explore the brands owned by Estée Lauder Companies

While Estée Lauder remains the flagship brand and namesake of the cosmetic conglomerate, the company owns more than 20 premier brands. Some of the brands—like Clinique and Origin—were created in-house, but others—like Tom Ford and Jo Malone—are a result of the company's acquisition strategy, which often targets companies with high-end retail products.

Streaming service Netflix's sound logo 'Tudum' was designed as a key sonic differentiator.

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.

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.