What Is a Trademark?

A trademark is a word, name, logo or other mark that identifies the source of goods or services, with rights that arise from use and can be strengthened by registration.

Category: Legal and IP · Reviewed 11 November 2026 · 2 min read

How it works

A trademark tells customers who stands behind a product or service. Marks used for services are sometimes called service marks. In the US, rights generally arise from using the mark in commerce, and registration with the USPTO is optional. Federal registration adds benefits, such as a public record, nationwide priority and stronger enforcement options.

Registration is done by class of goods or services. The USPTO base application fee is $350 per class. Trademarks can last indefinitely, as long as they stay in use and the required filings are made on time. The USPTO trademark basics page explains the details.

Example

For example, a company launches a snack brand named with a made-up word. Customers see the name on packaging and learn to trust it. Unregistered use gives the company some rights in the area where it sells. If it later files for federal registration, the examining attorney reviews the application for conflicts with existing marks and other issues.

Why founders care

A name is hard to change after customers know it. A trademark search before launch can reveal conflicts. Distinctive names, such as invented words, are generally easier to protect than names that merely describe the product. A trademark protects branding, not ideas, inventions or creative works, which is what patents and copyrights cover.

Common mistakes

Assuming a domain name or business registration gives trademark rights.
Choosing a name that only describes the product.
Skipping a search before spending on branding.
Stopping use of the mark, which can weaken or end the rights.

Frequently asked questions