Julian Drago
April 18, 2025
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Some elements define a business long before someone tries its products. A name, a logo, or a catchy phrase can become so recognizable that they represent everything the brand stands for. In these cases, having a trademark isn’t just a legal formality — it’s a way to protect that identity over time.
A trademark plays a crucial role in safeguarding the distinctive signs that differentiate one business from another. Beyond just design or creativity, what’s being protected is the exclusive right to use that element in relation to specific products or services.
A trademark is a sign that helps identify and distinguish products or services in the marketplace. It can be a word, phrase, symbol, design, or any combination of these elements. Its main function is to allow consumers to recognize the source of what they’re buying and distinguish it from other similar options.
Trademarks go far beyond logos. You can also register trade names, slogans, 3D shapes, sounds, colors, and even certain motion graphics — as long as they meet legal requirements for distinctiveness.
The term "trademark" refers broadly to any distinctive brand element. However, not all trademarks are registered. When a company goes through the legal process of registering a trademark with the appropriate authority — like the USPTO in the United States — that trademark becomes a registered trademark.
This means the owner gains stronger legal rights, including nationwide protection, the ability to take legal action against misuse, and easier expansion into new markets.
Registering a trademark offers significant advantages for both well-established companies and growing startups. Some of the key benefits include:
A registered trademark also signals professionalism and helps build trust with clients, partners, and investors.
In the U.S., the process is handled by the USPTO (United States Patent and Trademark Office) and involves the following steps:
The process can take several months and requires compliance with distinctiveness and commerce-use criteria.
In the United States, a registered trademark remains valid as long as you meet usage and renewal requirements. Trademark owners must submit a Declaration of Use between the 5th and 6th year and renew the registration every 10 years thereafter.
Failing to use the trademark commercially can result in losing your legal rights, so maintaining active use is essential.
No. A trademark registered in the United States only offers protection within the country. If your company plans to operate in other markets, you must register the trademark separately in each jurisdiction.
A practical option for international protection is the Madrid Protocol — an international treaty that allows you to apply for trademark registration in over 100 countries through a single application. While each country evaluates the application individually, it greatly simplifies the expansion process.
This is especially important if your business has a global digital presence, exports products, or plans to expand into new territories.
Not at all. While all three fall under intellectual property rights, they serve different purposes:
Each offers a unique type of protection tailored to different aspects of business innovation and creativity.
Many everyday products are protected by trademarks that have become even more well-known than the generic product names themselves. Examples like Kleenex or Band-Aid show how a strong trademark can become synonymous with the product it represents.
These U.S.-registered trademarks have maintained their value over the years thanks to consistent brand strategies and active rights enforcement.
If you’re building a brand, registering your trademark can make the difference between moving forward with confidence or risking everything you've worked for. At Openbiz, we support you at every step of the process — from the initial review to formal registration.
We help you protect your brand identity in a clear, legal, and effective way so you can focus on growing your business.
Contact us today and start protecting what sets you apart.
Can I use a trademark without registering it?
Yes, you can use a trademark without registering it, but legal rights will be limited and apply only locally. Registration offers much stronger protection.
What’s the difference between ™ and ®?
The ™ symbol is used for unregistered trademarks, while the ® symbol is reserved exclusively for trademarks officially registered in the United States.
Does a U.S.-registered trademark protect me globally?
No. Protection is territorial. To operate in other countries, you’ll need to register your trademark in each one or use systems like the Madrid Protocol to extend protection.
What if someone uses a trademark similar to mine in the U.S.?
If your trademark is registered, you can take legal action to stop its use and seek compensation if applicable. If it’s unregistered, your legal options are more limited.
