Types of Trademark How to Choose the Right One to Protect your Business

Table of Content

Introduction to Trademarks
Key Trademark insights
Some common Misconceptions about Trademarks
Understanding the 10 different Trademark Types
Composite Marks: Protecting Every Aspect of Your Brand
Service Marks vs. Trademarks: What's the Difference
Special Purpose Marks: Collective and Certification Marks
How to Choose the Right Trademark for Your Business
How to register your Trademark
Avoid These Common Trademark Mistakes
Conclusion: Protecting Your Brand’s Future
 

Introduction to Trademarks

When we think of trademarks, picture logos or clever taglines will often come to mind. But in practice, they are powerful strategic assets that capture the essence of your brand and set it apart.

From a unique name or phrase to memorable symbols, sounds, or packaging, a well-chosen trademark can build instant recognition. Consider Zoom’s distinctive icon or Spotify’s soundwave logo—these elements became synonymous with their services through smart trademark strategy.

Whether you're growing a tech startup or crafting a luxury brand, selecting the right trademark is fundamental to building credibility and securing legal protection in a saturated market.

In this guide, we’ll dive into the essentials of trademarks, exploring 10 distinct types with real-world examples and insights on how they fit different business models.

We'll break down composite marks that blend elements for stronger protection and delve into niche marks like collective and certification marks.

Plus, you’ll learn how to choose the right trademark, register it effectively, and avoid common pitfalls.

Key Trademark insights

Here are three key insights to help you understand why a strong trademark matters:

1. Legal Safeguard: Registering a trademark provides legal leverage to defend your brand from copycats and unauthorized use, especially for similar goods or services.

2. Brand Identifier: A trademark acts as a signal to consumers, helping them recognize the source of your products and building trust and loyalty.

3. Distinctiveness Matters: Generic names such as "Best Pizza" are tough to protect. Creative, unique trademarks (think of "Apple" for tech products) offer stronger legal protection and foster immediate recognition in a crowded market. We’ll take a closer look at this in the “How to Choose the Right Trademark for your Business” section below.

Some common Misconceptions about Trademarks

• Trademark Ownership Isn't Absolute: When you trademark a word, phrase, or logo, it doesn’t mean you own it universally. The protection is tied specifically to the context of your products or services. For example, a trademarked logo for your furniture-making business only shields your brand in that domain, leaving room for others to use it in different industries, such as restaurants.

• Trademark Protection Is Territorial: While a trademark gives you legal rights, it doesn’t automatically extend worldwide. Trademark protection is typically confined to the country or region where you register it. If you want protection abroad, you’ll need to file in each country or use international systems, such as the Madrid Protocol, to expand your coverage (Don’t miss our article: Mastering the Madrid Protocol).

Understanding the 10 different Trademark Types

Trademarks can take on various forms to help businesses protect their identity in the marketplace. Let’s break down the different types of trademarks you can register to give your brand the protection it needs.

1. Word Marks: A word mark consists solely of words, letters, numbers, or any combination of these. This type of trademark focuses on the textual elements of your brand. Famous examples include NIKE, SONY, and LEVI'S.

2. Figurative Marks: Unlike word marks, figurative marks include graphical elements. These could involve unique fonts, stylized text, logos, or other creative features. The Adidas logo or the Goretex emblem are examples of figurative marks.

3. Shape Marks: When your product's shape is iconic and distinctive, you might consider a shape mark. This type of trademark protects the three-dimensional shape of your product, packaging, or its appearance. Think of the Toblerone chocolate packaging, or even the unique shape of a car headlight.

4. Position Marks: A position mark protects the specific way a trademark is placed or affixed to your product. For example, a unique logo positioned in a particular spot on your product, like the iconic Nike swoosh on a shoe, may qualify for protection.

5. Pattern Marks: A pattern mark consists of a repetitive set of elements. This could be a unique design or motif that’s consistently used in your products, packaging, or advertising to make your them stand out. A good example is Louis Vuitton’s iconic checkerboard pattern.

6. Colour Marks: A colour mark is when a specific colour or combination of colours is trademarked to represent your brand. It could be as simple as a single colour, or it might be a unique combination. For example, Tiffany & Co. is famous for its signature blue, and that shade is trademarked to prevent others from using it for similar luxury goods.

7. Sound Marks: If your brand has a distinctive sound, you can protect it with a sound mark. These trademarks consist of a specific sound or a combination of sounds. Think of MGM’s Roaring Lion or iPhone ringtone —these sounds instantly identify their brands and are protected under trademark law.

8. Motion Marks: Motion Marks are trademarks that involve movement or changes in a design over time. This could include things like an animated logo or a shifting visual. For example, the Pepsi logo, which changes during a commercial, could be protected as a motion mark to prevent competitors from copying its movement.

9. Multimedia Marks: A multimedia mark is a combination of both images and sound. These trademarks are used for brands that want to protect audiovisual content, such as videos, animations, or digital commercials. Companies such as Apple use multimedia marks in their commercials, ensuring that their audiovisual content is uniquely theirs.

10. Hologram Marks: Hologram Marks are trademarks that include holographic elements, which change depending on the angle they’re viewed from. For example, American Express uses a hologram on its credit cards.

Figure 1. Types of Trademarks. Source: EUIPO.

Each type of trademark serves a unique purpose in protecting your intellectual property and ensuring your brand stands out in the competitive marketplace. Whether it’s a word, logo, sound, or even a hologram, securing the right trademark can help safeguard your brand and its identity in a world of endless options.

Composite Marks: Protecting Every Aspect of Your Brand

Composite marks blend different types of trademarks—such as word marks and figurative marks—to provide broader protection for your brand, safeguarding multiple elements, including your brand name and logo, in a single unified trademark.

For example, Red Bull's logo, which features the bold text alongside two charging bulls, is a composite mark. This protects both the brand name and dynamic imagery, ensuring that competitors can't imitate the powerful visual identity that Red Bull is known for.

Service Marks vs. Trademarks: What's the Difference

Trademarks and service marks may seem similar, but they protect different aspects of your business. While trademarks cover physical products, service marks are specifically for services.

For instance, Tesla’s trademark shields its electric cars, whereas Hilton Hotels uses a service mark to protect its hospitality services.

In essence, trademarks safeguard tangible goods, while service marks defend the branding of services, helping businesses across sectors establish and protect their unique identity.

Despite the difference, both fall under trademark laws worldwide, with distinct registration processes depending on the jurisdiction, such as the USPTO in the U.S. or the EUIPO in Europe.

Special Purpose Marks: Collective and Certification Marks

• Collective Marks: A collective mark is used by members of a specific group to show their affiliation with a collective, signaling shared standards or qualities. Take the "CPA" mark, for example—used by certified public accountants to demonstrate membership in their professional body. Collective marks protect the identity of the group, ensuring the mark is used only by authorized members.

• Certification Marks: A certification mark guarantees that a product or service meets specific standards set by a certifying body. Unlike trademarks, it doesn’t indicate the source, but instead assures certain characteristics, such as quality or ethical sourcing. The "Fair Trade" logo is a great example—showing that a product meets fair trade standards. Certification marks help consumers identify goods that meet trusted criteria.

How to Choose the Right Trademark for Your Business

Selecting the right trademark is essential for creating a brand that stands out and is legally protected. The process involves generating ideas, conducting thorough searches, and evaluating the distinctiveness of each option. You can approach this as follows:

1. Brainstorm Unique Marks: Begin by brainstorming potential trademarks that capture your brand’s essence. Focus on distinctive marks—whether fanciful (like Spotify), arbitrary (such as Apple for tech), or suggestive (like Pinterest for a visual platform). These types are more unique and easier to protect.

2. Evaluate the Mark’s Strength: Trademarks are categorized from weak (generic) to strong (fanciful). As the International Trademark Association illustrates, distinctive marks like Google are easier to protect, while generic terms like "Shoe Store" are not eligible for trademark. Opting for a strong mark from the beginning maximizes your chances of securing exclusive rights.

Figure 2. Trademarks can be categorized based on their level of strength and distinctiveness. Source: inta.org.

Figure 3. Trademark Spectrum by Example Brand. Source: Tailor Brands.

In this way, you can choose a trademark that not only captures attention but also provides robust legal protection.

How to register your Trademark

Applying for a trademark without legal assistance can be challenging, but it's entirely feasible if you follow these steps:

1. Perform a Trademark Search:  Conduct a comprehensive trademark search locally and internationally to ensure your mark differs from existing ones. Most rejections occur due to similarity, so use reliable search tools, such as the one below from Nominus, which allows searches by name, number, or owner across 70+ countries. This helps you avoid legal conflicts and ensures your mark stands out globally.

Figure 4. Nominus Search Tool. Source: Nominus.com.
 

2. Classify Your Goods/Services: Accurately describe your product or service using the global trademark classification system, which includes 45 classes (e.g., clothing, electronics, legal services). Misclassifying your offering can lead to delays or rejection, so carefully select the correct category.

3. Submit a Specimen: Provide a sample showing how the trademark is used in commerce. For products, this could be a photo of your logo on the item or packaging. For services, submit promotional materials, invoices, or website screenshots showing the logo associated with your service.

4. Wait for a Decision: Trademark approval can take anywhere from 6 to 12 months, depending on the country. Monitor the application status online and address any minor issues if notified by the trademark office.

5. Address Rejections: If your application is denied, correct any issues quickly or consider filing an appeal. Ensure all problems are resolved within the given timeline to avoid losing your filing date.

6. Maintain Your Trademark: Once approved, you must regularly renew your trademark (typically every 5 years) to keep your protection active. Failure to renew can result in the loss of your rights.

7. Enforce Your Rights: Actively monitor for potential trademark infringements. If someone uses a similar mark, consider sending a cease-and-desist notice or seeking legal assistance to protect your brand.

For more information about registering your trademark, check out our article:  Beginner's Guide to Trademarks.

Avoid These Common Trademark Mistakes

Avoiding common mistakes during the trademark process can save you time, money, and legal headaches down the road. Here's a quick guide to help you steer clear of some costly pitfalls.

• Choosing a Weak Trademark: Avoid generic or overly descriptive names. Opt for fanciful (made-up) or arbitrary (common words with no relation to your product) trademarks for stronger protection.

• Not Conducting a Trademark Search: Always perform a thorough search to check if your trademark conflicts with existing ones. Even similar names can cause legal problems.

• Ignoring Domain Name Availability: Ensure your trademark’s domain name is available, particularly with the .com extension. Consider registering other extensions like .net and .org, or some of the newer niche-related TLDS, such as .store, .tech or .ai to protect your online brand.

• Delaying Trademark Registration: Register your trademark as soon as possible to secure legal protection and safeguard your brand.

• Not Consulting a Trademark Attorney: While not strictly necessary, consulting with an experienced trademark attorney early in the process is highly recommended. They can help you navigate the complexities of trademark registration, avoid costly mistakes, and ensure your trademark is properly protected. If you would like more information about trademark services and legal consultation, please go to Nominus.com.

Conclusion: Protecting Your Brand’s Future

Choosing the right trademark is essential for both establishing your brand’s identity and securing its future. A strong trademark not only protects your brand legally, but it also helps you stand out in a competitive market.
 
To prioritize legal protection right from the start, make sure to select a distinctive mark and securing your rights through registration.
 
Align your trademark with your brand vision, ensuring it reflects your unique identity and resonates with your target audience. By doing so, you safeguard your brand’s integrity and set the stage for long-term success.
 
Taking the time to legally protect your trademark is worthy investment that allows you to grow your business with confidence. Without it, your brand identity is vulnerable to imitation, which can dilute its value and trust. Protect what you've worked so hard to build and register your trademark today.