What Is A Trademark?

Naturally, you’re all aware of Nike. Nike, the name itself, is a trademark. The logo, the swoosh, is also a trademark, and then the tagline, “Just do it”, is a trademark itself. So, let’s talk for a second about what is not a trademark. A trademark is not a patent or a copyright. A patent would be if you had an invention, a new technology of some sort that you wanted to protect, and protect that actual invention from being copied by others. A copyright protects a work of art.

So, for example, we’re all normally very familiar with seeing the warnings when you start a DVD. “FBI warning: This video is covered by copyright law.” Copyright law prevents you from copying that DVD and then selling it.

Another way copyright law works is that it protects the entire contents of a book. So, if I were John Grisham and I was writing a novel, that entire novel, all the prose, would be covered by copyright law.

So, just to recap, a trademark is a brand. It’s the name of your product or service. It could be the slogan, or the logo associated with the product or service as well. Thank you very much. If you have any further questions, please feel free to give me a call.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.