Legal Definitions - Trademark

A trademark is a unique identifier—such as a word, name, symbol, design, or even a sound or color—that businesses use to distinguish their products or services from those of their competitors. Its main purpose is to help consumers recognize the source of goods or services, ensuring they know who made or provided them. This protection helps businesses build their reputation and prevents others from unfairly profiting from their established brand identity.

For something to be protected as a trademark, it must generally be used in commerce (meaning it's actively used in business) and be distinctive enough to clearly identify the source of the goods or services.

Here are some examples:

• A new line of organic skincare products is launched under the name "Veridian Glow."

  How it illustrates a trademark: The name "Veridian Glow" acts as a trademark because it uniquely identifies this specific brand of organic skincare. When consumers see this name on a product, they associate it with that particular company and its quality, differentiating it from countless other skincare brands on the market.

• A popular podcast network uses a distinctive, short musical intro and outro jingle for all its shows.

  How it illustrates a trademark: This specific musical jingle serves as an auditory trademark. Even without words, listeners instantly recognize this sound as belonging to that particular podcast network, indicating the source of the audio content and distinguishing it from other podcasts or media.

• A gourmet chocolate company designs its chocolate bars with a unique, intricate geometric pattern molded directly into the chocolate itself.

  How it illustrates a trademark: This distinctive geometric pattern, applied to the chocolate bars, functions as a form of trademark known as "trade dress." It helps consumers identify the specific brand of gourmet chocolate by its unique visual appearance, even before they read the packaging, thereby indicating its source.