What Is a Trademark? A Complete Guide for Business Owners & Entrepreneurs

1. Introduction

In today’s competitive business environment, establishing a strong brand identity is crucial. One of the most effective ways to protect that identity is through trademark registration. Trademarks give a business exclusive rights to use names, logos, slogans, and even sounds, colors or packaging styles associated with their goods or services.

This article explores the basics of trademarks, what can be protected, the pros and cons of registering one, the timeline for obtaining a U.S. trademark, the importance of international classes and their selection, and the fees involved in the process.

2. What Is a Trademark?

A trademark is a form of intellectual property that protects words, phrases, symbols, designs, or a combination of these elements that distinguish the source of goods or services. Unlike patents, which protect inventions, or copyrights which protect creative works, trademarks serve as identifiers of origin and branding for a particular business.

For example, the Nike “swoosh” logo, the phrase “Just Do It,” and the brand name “Nike” are all protected trademarks. These symbols ensure consumers can easily recognize authentic products and prevent competitors from using confusingly similar marks.

Trademarks can be registered with the United States Patent and Trademark Office (USPTO), which provides nationwide protection in the United States. Unregistered marks, known as “common law trademarks,” may also offer some common law use rights in a limited geographical area, but federal registration significantly strengthens legal protections and enforceability when marks are used in commerce.

3. What Can Be Trademarked?

Not everything can be trademarked, but the law is quite broad in terms of what qualifies as a mark. Below are the most common categories.

3.1 Words and Phrases

Brand names and slogans are among the most common types of trademarks. Examples include “Coca-Cola,” “Google,” Nike “Just Do It” and DeBeers “A Diamond is Forever”. To qualify, the phrase should be distinctive rather than generic or purely descriptive, however less distinctive marks can be registered on the secondary Supplemental Register.

3.2 Logos and Symbols

Logos, icons, and emblems that represent a brand can also be trademarked. These symbols create instant recognition for consumers and are often paired with brand names for stronger protection.

3.3 Colors, Sounds, and Packaging

Nontraditional marks are also eligible. A company can trademark a specific color (such as Tiffany & Co.’s robin’s-egg blue), a red shoe sole (Christian Louboutin shoes), a unique sound (the MGM lion’s roar or the NBC chimes), or distinctive product packaging (like the Coca-Cola bottle shape).

3.4 Product Shapes and Nontraditional Marks

Product shapes, scents, and even motions can sometimes be trademarked, provided they are distinctive and serve as brand identifiers. For instance, the unique shape of a Hershey’s Kiss is trademarked as is the scent used to make Play-Doh.

4. Pros and Cons of Registering a Trademark

Trademark registration offers many advantages, but it also comes with some drawbacks.

4.1 Advantages of a Trademark

Exclusive Rights: You gain nationwide ownership and the exclusive right to use your mark in connection with your goods or services.
Brand Protection: A registered trademark prevents competitors from using confusingly similar marks.
Legal Remedies: Registration makes it easier to issue cease and desist demands, bring lawsuits against infringers and potentially recover damages.
Public Notice: Registration with the USPTO puts others on notice that your brand is protected.
Valuable Business Asset: Trademarks can increase in value as your brand grows, and they can be licensed or sold.
International Expansion: A U.S. trademark can serve as a basis for registering your brand in other countries.

4.2 Disadvantages of a Trademark

Costs: Filing fees, legal fees, and potential renewal costs can add up.
Complex Process: The application process can be lengthy and requires attention to detail to avoid missing numerous filing deadlines.
Rejection Risk: Applications can be denied if the mark is too similar to existing ones, generic, or descriptive.
Ongoing Maintenance: Trademark owners must file maintenance documents and renewals at stated intervals to keep the registration active.
Limited Protection Scope: Protection only applies to the international class for the goods/services listed in your application, meaning you may need multiple applications if your business expands.

5. How Long Does It Take to Get a U.S. Trademark?

Obtaining a U.S. trademark is not a quick endeavor. On average, the process takes 8 to 12 months, though it can take longer if issues arise.

The timeline typically includes:

Initial Review (1–5 months): After filing, the USPTO assigns an examining attorney to review the application.
Office Actions (if any): If the attorney raises concerns, such as similarity to an existing mark, the applicant has six months to respond.
Publication for Opposition (30 days): If approved, the mark is published in the Official Gazette, giving third parties a chance to object.
Registration: If no oppositions are filed, or if they are resolved in your favor, the mark proceeds to registration.

Delays may occur if there are legal disputes, vague descriptions, or incomplete applications.

6. Understanding International Classes of Goods and Services

The USPTO uses a classification system to organize trademarks based on the types of goods or services they cover. These are known as international classes and are standardized worldwide under the Nice Agreement.

There are 45 international classes in total:

Classes 1–34: Goods (e.g., clothing, beverages, chemicals)
Classes 35–45: Services (e.g., advertising, education, legal services)

Applicants must choose the correct class(es) when filing. For example, if you own a coffee shop, you might file under:

Class 30 (coffee products)
Class 43 (restaurant and café services)

Each class requires a separate $350 filing fee, so multi-class applications can become expensive.

7. Fees for Obtaining a U.S. Trademark

Trademark costs depend on the type of application, the number of classes, and whether you use legal assistance.

USPTO Filing Fees (as of 2025):

TEAS Standard Application: $350 per class of goods/services. The TEAS Standard application is the most commonly used as applicants can provide additional information during the pendency of the application process.

Additional fees may apply, such as:

Statement of Use: $150 per class (if filing based on intent-to-use).
Extension Requests: $125 per class.
Maintenance and Renewal: Between $250–$650 per class, depending on timing and type of filing.

Other Costs

Attorney Fees: Individuals may file their own trademark filings with the USPTO, but many applicants hire trademark attorneys to help insure the completeness and accuracy of their filings. Legal costs vary widely but can range from $500 to $2,500 depending on the complexity of the filings and the services provided by counsel (e.g. searches and consultation time).

Given that each international class covered by an application incurs separate fees, filing across multiple classes can quickly raise costs. For example, protecting both a clothing brand (Class 25) and an online retail store (Class 35) would require payment of a base filing fee of $700 ($350 for each class), not including legal costs if an attorney prepares and files your application.

8. Conclusion

A trademark is a powerful tool for protecting and building a brand. From names and logos to colors and sounds, many elements of a business can be trademarked to ensure consumer recognition and legal protection.

While registering a trademark offers significant benefits—such as exclusive rights, legal remedies, and brand growth potential—it also requires careful planning, time, and a financial investment. Applicants must navigate the USPTO’s classification system, pay per-class fees, and maintain their marks over time.

Ultimately, for entrepreneurs and companies committed to building a long-term brand identity, the advantages of a trademark far outweigh the drawbacks. Registering a trademark not only safeguards a business’s identity today but also strengthens its future growth and value.