While you may see these terms used interchangeably, they are actually different. Your trademark is just one element of your brand.

Your brand encompasses the essence of your business, and can include, but is not limited to, the look and feel of your website, your story, your messaging, your identity, your culture, character, and personality. Remember, a brand tends to create some type of emotion.

The trademark acts as a tether or anchor, to your brand. When people see your trademark, you want them to think of the experience (hopefully positive!) that they’ve had with your brand. Your trademarks sings the song of your brand.

A logo is generally a type of trademark that incorporates design elements.

Nope, you can and should start using the little ™  as soon as you start using your trademark. True, it’s a common misconception. However, you do not have to have a pending application to use the little ™.

You can only use this symbol after your trademark is registered.

A standard character trademark has text, letters and/or number elements. Keep in mind that for purposes of enrolling your trademark in Amazon’s Brand registry program, the trademark must include standard character elements. Currently, you can also have design elements, but standard characters must be in the trademark you submit to Amazon.

Possibly. While consistent use of your trademark across all platforms is extraordinarily important from marketing and legal perspective, Amazon may also require the registered trademark to match the brand you want enrolled in Brand Registry. We suggest you either amend your brand within Amazon, or file your trademark to match the brand you are using on Amazon, to make your use consistent.

The BMW blue and white flag emblem you see on the hood of the car, the red wax on a bottle of Maker’s Mark, and the Robin’s Egg blue color of the packaging of Tiffany & Co’s boxes all act as trademarks, that is, source indicators. When you see a Robin’s Egg box sitting under the Christmas tree, many of you will immediately know that that the product came from Tiffany & Co!

A trademark act as the tether between a product and the brand. When a consumer sees the trademark, it acts as a tether that ties the product back to the impression of the brand. I like to think of trademarks as brain tattoos.

Currently, in the United States, you do NOT have to utilize an attorney to file the application. There are some rumblings at the USPTO that this could change.

Generally, as long as you are not infringing anyone else’s trademark, and you’ve done your own due diligence, you can and should implement use of your trademark sooner rather than later.

I suggest being more conservative in the amount of money and effort you spend on marketing, at least until your mark gets through publication. I typically suggest starting small in ad dollars spent, and then, slowly increasing the amount of money you spend on use of your mark, as you get more confident that your mark will get registered.

A common misconception I see is that Registration is permission to use the mark, and this is not correct.