Marking Your Territory

You've just come up with an eye-popping new logo and unforgettable tagline – how do you make sure no one steals it? It's a legitimate concern among companies who make significant investments in their brands and want to protect what's rightfully theirs. But for anyone who's not a branding expert (or a lawyer), the correct approach might get confusing. Do you use a trademark or a service mark? What's the difference between a copyright and a patent? To answer those questions and more, the non-profit Corporate Design Foundation provides a clear-cut overview of each type of mark. Here are a few highlights:

What is a trademark? A trademark is the brand identity (a word, phrase, symbol or design, or any combination thereof) that distinguishes a company's product or service. A logo can be a trademark but not all trademarks are logos. A TM symbol is used to indicate a claim of ownership to the logo or brand name and typically appears with the trademark on products or packaging.

What is a service mark? For all practical purposes, a service mark is the same as a trademark, except that it promotes branded services and events. The SM designation usually appears next to the brand name or logo in advertisements for the services.

Why are some logos and brand names followed by the ® symbol? The ® indicates that the trademark is registered with the U.S. Patent and Trademark Office.