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

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 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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

'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.)

'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.

Going public has pros and cons for a company.

An organization transfers ownership over to new shareholders—who could be anyone—following its IPO date. However, going public expands a company's ability to increase funding and grow its business. This guide dives into the advantages and disadvantages of going public, and what those pros and cons can mean for investors.

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.

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.

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.

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."

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.

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.

Unlike small businesses, startups aim to disrupt entire industries

They also differ from small businesses in that startups have a higher level of risk, may take on outside funding from venture capital firms to boost growth, and more.

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.

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.

Ranking life's biggest decisions

Psychological research presents some unsurprising wisdom about how to make big decisions without regret: focus on people, don’t miss opportunities, and stay true to yourself.

A guide to emotionally preparing to found a company

Founding a company comes with more than just logistical challenges—it's a daunting emotional task, too. In this article, a psychologist breaks down how first-time founders can prepare for the mental pressure of starting a company.

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.

Chapter 7 and Chapter 11 filings can impact common stockholders

Publicly traded companies don’t file for bankruptcy out of nowhere—there are typically warning signs in a stock’s performance, quarterly earnings calls, and US Securities and Exchange Commission filings.

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.

The pros and cons of long-term renting

Soaring mortgage rates and inflated home prices have led more consumers to opt to rent instead of buying, becoming “forever renters.” This article weighs the costs and benefits of renting instead of buying. Benefits include flexibility, less upkeep, and potentially lower expenses, while downsides include less stability and reliance on landlords. Read this article and decide whether homeownership or renting is the choice for you.

Despite many influencers having loyal followings, creator-led brands often fail when the hype from first-time buyers dies down and doesn't translate into repeat purchases.

It’s not always clear whether a will or a trust is the best for an individual estate

While trusts are typically more expensive to set up than a will, they also help beneficiaries avoid specific types of taxes, depending on the type of trust. Wills typically go through probate, whereas trusts do not. An article offers a list of questions to consider when deciding between the two.

Just because a big name company is going public doesn’t guarantee a successful stock

A reporter dove into how highly anticipated IPOs can still be risky, and why retail investors should be wary of investing right away.

Find 36 hidden messages in these household name company logos

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.

Product-market fit is achieved when a product strongly satisfies market demand

Some experts argue that product-market fit is what separates the most successful startups from those that never get off the ground. While there isn’t an official rule book for how to optimize and test product-market fit, the CEO of email startup Superhuman has attempted to provide one with a specific four-step process.

Learn how to read a prospectus, the juicy document that any company must file with the SEC before going public

A prospectus typically contains information about the company's operations, including details about its management team and their compensation, financial statements, how it intends to use any capital raised by the IPO, and more. While these documents can be dense and lengthy, experts say that some of the most important sections of a prospectus for investors to look at include the risk factors section and the use of proceeds section.

One of Warren Buffett’s investing principles is investing in well-managed companies

The "Founders" podcast reviews biographies of the world’s top entrepreneurs, and this episode explores a 2012 book about Warren Buffett. The episode includes Buffett's advice on becoming a better business manager and investor.

The 50-100-500 rule: when a startup is no longer a startup

According to startup expert Alex Wilhelm, a company cannot be considered a startup if it generates revenue exceeding $50M, employs more than 100 people, and has a valuation of $500M or more. However, Wilhelm modified the rule in 2018 to $100M in revenue, over 500 employees, and a valuation of $2.5B or more.

Mutual funds invest in multiple different companies with money from many investors, while an individual stock represents ownership in a single company and is bought by individual investors.

Take a bankruptcy self-filing quiz

If a debtor is considering filing for Chapter 7 bankruptcy, it may be tempting to take a do-it-yourself approach to avoid attorney or preparer fees. However, experts caution that this could come back to bite filers. A quiz can help would-be filers explore whether their cases are complex enough to necessitate a lawyer.

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.

Startups follow a 'minimum viable product' strategy to determine demand

Michael Seibel, group partner for startup incubator Y Combinator, explains how to build a minimum viable product (also known as an MVP) for any startup idea. Using real companies that experienced the Y Combinator program as examples, he walks through how to determine an MVP feature set, how to present an MVP to potential investors, and more.

Ride along on one coffee company's journey through the stock market to better understand how a company goes from private to public.

Read about the pros and cons of mutual funds.

What business leaders can learn from Stephen King

Stephen King's "On Writing" is one of the definitive craft books, a subgenre of nonfiction aimed at writers looking to learn from the titans of literature. This podcast explores the book's lessons from a business perspective, gleaning lessons in leadership from King's famous text.

Elon Musk follows a five-step decision-making process when simplifying technology

He begins by determining whether how something has been previously done is—in his words—"dumb," or if a certain feature should even exist, let alone be optimized. This first principles method has helped him develop some of the most valuable companies in the world.

Explore important free-speech cases with a First Amendment litigator

Hosted by Ken White, the "Make No Law" podcast explores landmark First Amendment cases—from student speech to defamation—breaking down complex legal battles in an accessible way for lawyers and nonlawyers alike.

Companies go public via an initial public offering (IPO) to raise large amounts of capital, helping them expand, invest in new ventures, hire more staff, or pay off debts.

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