9 Surprising Things You Can Trademark to Protect Your Brand

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Building a recognizable brand takes hard work and creativity. Protecting it? That’s where trademarks come in. Trademarks are powerful legal tools that safeguard your brand's identity, ensuring no one else can profit from your efforts or confuse your audience. But what can you trademark? Let’s explore.

What is a Trademark?

A trademark is a legal designation that identifies and distinguishes the source of goods or services. It could be a name, logo, symbol, or even a sound that represents your business or product. Once registered, it gives you exclusive rights to use that mark within your industry, protecting your brand identity and reputation.

What Can Be Trademarked?

You might be surprised by how many elements of your brand can qualify for trademark protection. Here are some key examples:

1. Business Name: Your business name is often the first thing customers associate with your brand. Protecting it ensures no one else can use a similar name to confuse your audience.

  • Examples: Starbucks, Tesla

2. Brand Name and/or Legal Name: A brand name may differ from your business or legal name, especially if you manage multiple brands under one company. If your brand is your legal name (or part of your name) that can be trademarked as well.

  • Examples: Spanx, Kate Spade

3. Product Name: Individual product names can also be trademarked to protect flagship offerings or product lines.

  • Examples: iPhone, Frappuccino

4. Social Media Handles and Domain Names: Social media handles that include your Domain names linked closely to your brand can also qualify for trademark protection, adding another layer of security for your online presence.

  • Examples: Canva.com, Etsy.com

5. Slogan or Tagline: A memorable slogan can become synonymous with your brand. Trademarking it prevents competitors from riding on your brand equity.

  • Examples: “Think Different” (Apple), “Have It Your Way” (Burger King)

6. Logo: Your logo is a visual cornerstone of your brand identity. Trademarking it ensures others can’t use something similar to confuse customers.

  • Examples: Adidas’s three stripes, McDonald’s golden arches

7. Design or Packaging: Unique packaging or product designs that are iconic to your brand can be trademarked under "trade dress."

  • Examples: The Pringles can, Hershey’s chocolate bar shape

8. Sound Marks: Certain sounds tied to a brand can also be trademarked. These are often short, distinctive, and instantly recognizable.

  • Examples: The Netflix “ta-dum,” NBC’s chimes

9. Colors: Specific colors that uniquely represent your brand can be trademarked if they’ve become a brand identifier.

  • Examples: Tiffany blue, red sole of Christian Louboutin shoes

Why Trademarks Matter

Trademarking is about more than legal compliance—it’s about safeguarding your reputation, revenue, and brand identity. With a trademark, you gain:

  • Legal Protection: Prevent others from using your brand assets.

  • Exclusivity: Own the sole rights to your trademarks within your industry.

  • Brand Equity: Strengthen your brand’s value and position as a trusted name.

How to Protect Your Brand with Trademarks

Navigating the trademark process can feel overwhelming, but it doesn’t have to be. At Kahn Media Law, we guide you through every step:

  1. Trademark Search: Ensuring your mark is unique and available.

  2. Filing with the USPTO: Crafting an application tailored to your needs.

  3. Ongoing Monitoring: Protecting your trademark from infringement.

Your brand is your most valuable asset. From names and logos to slogans and sounds, trademarks are the legal shield that keeps your hard work safe. Don’t leave your brand unprotected—act now to secure your creative identity. Ready to protect your brand? Contact Kahn Media Law today to schedule a consultation!

Kevin Kahn