Types of Trademarks in the USA: Protect Your Brand Easily

Table of Content

Introduction
What Is a Trademark? A Quick Overview
The Importance of Trademarks for Your Business
Five Main Types of Trademarks in the US
How to Choose the Right Trademark for Your Brand
™, SM, and ®: Key Differences
How to Register a Trademark in the US
Common Mistakes to Avoid When Filing a Trademark
Maintaining and Enforcing Your Trademark Rights
Why Trademark Protection Is a Smart Investment
Conclusion
 

Introduction

Imagine pouring heart and soul into building your brand, crafting a unique identity, shaping its narrative, and earning the trust of your customers over years, only to have it undermined by imitators or entangled in legal disputes.

In the competitive U.S. market, trademarks are the centrepiece of brand protection, safeguarding the integrity of your hard work.

From securing nationwide rights to deterring copycats, understanding the importance of a trademark strategy is vital for any business aiming to thrive and grow with confidence.

But it’s equally important to explore the various types of trademarks, allowing you to choose the perfect protection that aligns with your brand’s distinct identity and ensures its long-term success.

In this post, we'll explore the different types of trademarks in the USA and how each one offers unique protection for your brand.

Whether you're just starting out or looking to strengthen your brand’s security, we’ll guide you through the key distinctions to help you choose your trademark confidently and safeguard your business.

What Is a Trademark? A Quick Overview

Apple, Nike, Coca-Cola, McDonald's, Amazon, Tesla, Disney — these iconic brands have become synonymous with innovation, quality, and trust.

What makes them so formidable is not just their products or services, but the powerful trademarks that protect their identities, enabling them to maintain exclusivity, fend off imitators, and stay ahead of the competition.

Their trademarks are the bedrock of their success, acting as both shields and assets that ensure long-term market dominance.

The Importance of Trademarks for Your Business

Registering a trademark with the United States Patent and Trademark Office (USPTO) is a smart way to protect your brand nationwide, securing exclusive rights and avoiding potential disputes. But it doesn’t have to be complicated—at Nominus, we can guide you through the entire process, making it easier and stress-free to safeguard your brand.
 
Federal Trademark Registration: By registering with the USPTO, you gain nationwide protection, ensuring your brand is safe from competitors using similar marks that could confuse customers or harm your reputation.

• Exclusive Rights and Legal Protection: Federal registration gives you exclusive rights to use your trademark in the U.S. and simplifies enforcement by providing official proof of ownership, which strengthens your ability to take legal action against infringements.

• Brand Value and Credibility: A registered trademark enhances your brand’s credibility and can increase its value, making it a valuable asset for licensing or sale. Iconic brands like Apple and Nike rely on their registered marks to build trust.

• Financial and Legal Security: Registering early helps avoid costly rebranding and legal disputes, ensuring the long-term security of your brand.

• Deterrence and Market Authority: The ® symbol signals your authority, discouraging competitors from using your mark or something similar.

• Protection in Online Markets: Trademark registration safeguards your domain names and online presence, helping prevent unauthorized use on platforms like Amazon or Etsy.

• Conflict Prevention: The USPTO checks new trademark applications against existing ones, minimizing the risk of conflicts, though regular monitoring is still necessary.

Federal trademark registration through the USPTO provides essential legal protections that help ensure the longevity and security of your brand in the competitive U.S. market.
 

Five Main Types of Trademarks in the US

Trademarks are not just about the name or logo you use to represent your brand; they extend far beyond the obvious, to the shape of your product, even the sound of your jingle, or the color or shape of your packaging, often referred to as trade dress. 

Companies such as Cadbury and Tiffany & Co., for instance, have even trademarked their signature shades of purple and blue.

Coca-Cola’s iconic bottle shape and Toblerone’s triangular chocolate bar are also protected by trademarks. And Intel’s jingle and the well-known NBC chimes are trademarked too.
Here’s a breakdown of the key types of trademarks in the USA and categories:

1. Word Marks: Protects the words or phrases that define your brand, like Nike’s “Just Do It.” These marks ensure your tagline or business name is exclusively yours.

2. Design Marks: Covers logos and visual symbols, such as McDonald’s golden arches. A strong design mark visually connects customers to your brand.

3. Sound Marks: Protects distinctive sounds associated with your brand, such as the NBC chimes or Intel’s jingle, creating auditory recognition.

4. Color Marks: Specific colors linked to your brand identity, like Tiffany’s signature blue or Cadbury’s purple, can be trademarked if they represent your brand.

5. Trade Dress: Encompasses the visual and aesthetic aspects of your product or packaging, such as Coca-Cola’s iconic bottle shape, signaling brand origin to consumers.

Service Marks

These are similar to Trademarks but are specifically used to identify services rather than products. For example, FedEx and American Express are Service Marks. While Trademarks protect the names and logos associated with goods, Service Marks serve the same purpose for services, helping to distinguish one service provider from another.

Distinctiveness Hierarchy

Trademarks vary in strength based on their distinctiveness:

• Fanciful Marks: Invented words with no meaning outside the brand, such as "Pepsi", provide the strongest protection due to their unique and original nature.

• Arbitrary Marks: Existing words applied in unrelated contexts, like “Amazon” for an online retailer (instead of a river), stand out because of their unexpected use.

• Suggestive Marks: Require a mental leap to connect the name to the product, such as “Netflix” (suggesting internet-based flicks or movies). This imaginative link grants them strong protections.

• Descriptive Marks: Directly describe a product or service but need a secondary meaning to become protectable. For instance, “Vision Center” for eyewear services could gain protection if consumers identify it with a specific company.

• Generic Marks: Refer to a general class of products and can never be trademarked. For example, “Elevator” started as a brand under the Otis Elevator Company, but became generic over time, losing its trademark status.

By understanding these types of trademarks and their applications, you can effectively safeguard every aspect of your brand, from words and visuals to sounds and even colors.

How to Choose the Right Trademark for Your Brand

Under How to Choose the Right Trademark for Your Brand, focus on these crucial factors:

• Uniqueness: Aim for a trademark that stands apart from competitors and sticks in customers' minds. Think of Google—an entirely unique word that’s now synonymous with search. This kind of originality can help your brand dominate its category.

• Relevance: Ensure the trademark reflects what your business does and connects with your target market. Amazon does this brilliantly: starting out as an online bookstore, its name is now associated with global retail, tech, and cloud services.

• Scalability: Choose a trademark that can grow with your brand. Apple is a prime example; originally associated with personal computers, it now encompasses everything from smartphones to entertainment services, showing how a well-chosen mark can evolve alongside a brand's expansion.

Examples of effective trademarks:

Tesla: A name that conveys innovation, energy, and a futuristic vision, perfectly suited to its electric vehicle and renewable energy products.

Nike: The “swoosh” and “Just Do It” are more than just logos and slogans—they represent an entire culture of athleticism and performance, making Nike synonymous with sports.

By focusing on these factors, you can craft a trademark that not only stands out in the marketplace but also grows with your brand over time.

™, SM, and ®: Key Differences

™ (Trademark)
The ™ symbol indicates a trademark that hasn’t been registered yet. It shows that a company claims ownership of the mark but hasn’t completed the formal registration with the U.S. Patent and Trademark Office (USPTO). While it signals the company’s intent to assert ownership, it lacks the legal protections of a registered mark. The ™ symbol can be used once the mark is in commerce.

® (Registered Trademark)
The ® symbol is used for trademarks officially registered with the USPTO or an equivalent office abroad. Registration provides legal protection, including exclusive rights to the mark and the ability to pursue infringement cases. Using the ® symbol without official registration is fraudulent and could lead to legal consequences.

SM (Service Mark)
Similar to ™, the SM symbol is used for unregistered marks identifying services instead of products. For example, FedEx for shipping or American Express for financial services. The SM symbol signals ownership of a service-related mark that hasn’t been registered yet.

How to Register a Trademark in the US

Step 1. Trademark Search

Before you begin, it's important to conduct a thorough trademark search to ensure your mark is unique and doesn’t conflict with existing trademarks. This will help avoid future legal issues and smoothen the application process. You can use the Nominus Trademark Search tool to do this.



Figure 1. Nominus Trademark Search Tool Source: Nominus 2024.

Step 2. Submit Your Application

Once you're ready, file your application with the United States Patent and Trademark Office (USPTO). You’ll need to provide:

• Contact details of the trademark owner

• A clear description of the mark (whether it’s a word, logo, or sound)

• The class of goods or services associated with the mark

• The filing basis (whether the mark is in use/commerce or intended for future use)
   

Step 3. Review by USPTO Examiner

After submission, a USPTO examiner will review your application to ensure it meets legal requirements. This review typically takes several months.

Step 4. Publication for Opposition

If the examiner finds no issues, your trademark will be published in the Official Gazette, a public record. This allows third parties to oppose the registration within a 30-day period if they believe they have a valid reason.
 

Step 5. Registration and Protection

If no opposition is filed (or after successfully overcoming any objections), your trademark will be registered. You’ll receive official notice, and your trademark is now protected nationwide. The protection lasts for 10 years and can be renewed indefinitely.
 

Step 6. International Registration

If you plan to expand globally, consider using the Madrid System to register your trademark in multiple countries with a single application.

Due to the process's complexity, legal guidance can be invaluable. For more details about trademarks and services, visit Nominus.com or check out our article: Guide to registering a trademark in the USA.

Common Mistakes to Avoid When Filing a Trademark

• Overly Generic Terms: This is crucial, as a trademark's distinctiveness is key to approval. Generic terms may result in outright rejection, preventing the process from even starting.

• Skipping a Trademark Search: Failing to check for conflicts can result in wasted time, money, and resources if your application is blocked by an existing trademark.

• Missing Deadlines and Renewal Dates: This can lead to the loss of trademark protection, which would undermine the entire registration process.

• Incomplete Applications: Missing or inaccurate information can delay the process or result in rejection.

• Neglecting the Opposition Period: While this doesn’t stop the process entirely, failing to address objections can create significant delays.

• Not Following Through on “Intent to Use”: Although important, this is more specific to certain types of applications and may not apply to every filer.

Maintaining and Enforcing Your Trademark Rights

Once your trademark is registered, it’s essential to keep it in good standing. To do this, you must continue using it "in commerce," meaning it must be actively used in business transactions or sales. If you stop using your trademark for an extended period, you risk losing your rights.

You can monitor your trademark’s status through the USPTO’s Trademark Status and Document Retrieval (TSDR) system using your serial number. It’s crucial to stay on top of deadlines—file a Declaration of Use 5 years after registration to confirm the trademark is still in use and submit a Section 9 Renewal between the 9th and 10th year to keep it protected.

Additionally, while the USPTO won’t monitor your trademark for you, it’s your job to watch for potential infringements. If someone uses your trademark without permission, working with legal counsel to enforce your rights is key to keeping your brand secure.

Why Trademark Protection Is a Smart Investment

Trademark protection is essential for achieving long-term brand success and market stability. While registration fees ($250-$350 per class) and renewal costs may seem steep, the ROI often far exceeds these expenses. Trademarks safeguard brands by preventing infringements, counterfeiting, and other threats, preserving value and minimizing legal risks.

Securing trademark protection in the US is critical for sustained growth. Leading brands like Apple ($516 billion), Microsoft ($340 billion), and Amazon ($308 billion) exemplify how strong trademarks secure market share, enhance brand recognition, and build customer trust. These protections not only defend their identity but also bolster competitive strength and market expansion.

The benefits of trademarks are evident when comparing losses from infringement before registration with gains after enforcement. Strong trademarks simplify legal protection, deter competitors, and preserve intellectual property. For example, Apple and Amazon use trademarks to differentiate their offerings, maintaining loyalty and high brand equity.

Additionally, trademarks enhance the value of intellectual property, turning it into a marketable asset for licensing, partnerships, or resale. Proactive measures such as monitoring counterfeits and securing domains further protect profitability. In sectors such as tech, trademark protection plays a pivotal role in growth, with tech brands alone driving $1.2 trillion of the $1.4 trillion growth in global brand value across various estimates.



Figure 2. Leading U.S. brands globally by brand value. Source: Statista.com 2024.



Figure 3. Most Valuable US brands 2024. Source: Brand Finance.

Conclusion

In the competitive U.S. market, trademarks are essential for protecting your brand and ensuring its long-term success. Whether it's a word mark, design mark, or trade dress, understanding the different types of trademarks allows you to secure exclusive rights and defend against imitators.

Registering your trademark with the USPTO offers critical legal protection, strengthens your brand's presence, and adds value to your intellectual property. It's a smart investment that not only safeguards your business but can also be leveraged for future growth, licensing, and increased profitability.

Protecting your brand with a trademark is an essential step in building and maintaining a trusted identity. Register your trademark in the US today to secure your brand’s future.