What is a trademark? | Trademark Factory® FAQ

What is a trademark?

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There are two answers to that, really.
The first answer is that a trademark is the type of intellectual property that allows you to protect your brand.
A simpler answer to that question is a trademark is anything, as long as it allows you to differentiate your product and services from similar or identical products and services of everyone else. It can be a name, it can be a logo, it can be a tagline, it can be a sound, it can be a smell, it can be a texture, it can be a color. It could be anything, as long as it allows you to position your products and services apart from identical products and services or similar products and services offered by your competition.
And if you don't have competition, you have to think that you have competition that’s offering exactly the same thing as you are and ask yourself a question, Does this thing that I'm thinking is my trademark, would that allow me to tell the market, to tell my customers, my consumers, my clients, that this is my product and service so they can easily tell that from everybody else, who does the same thing?
So there you go.
A trademark is anything, as long as it allows you to position your products and services apart from everybody else's products and services in the same market.

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