What is a Trademark?
Dec 11, 2023It’s kind of a weird question. Because most of us already feel like we know the answer. As consumers, we recognize trademarks all the time—business names, logos, catchy phrases. We see them, and we just know they belong to a specific brand.
But when you try to define what a trademark actually is, things get a little fuzzy.
Sure, there’s a legal definition of a trademark. But honestly? I don’t think it’s that helpful—especially for business owners who just want to know how to protect what they’ve built.
So let’s break it down in a way that actually makes sense.
A Trademark Is About Connection
Here’s a better way to think about trademarks:
A trademark is anything that helps people connect what they see or hear to the business behind it.
It could be your business name. Your logo. Your slogan. Even a sound or a color. If it triggers recognition—if it makes people think of your brand—that's trademark territory.
Let’s look at a quick example. Think about the phrase “Hakuna Matata.” Who comes to mind?
If you said Disney, you’re right.
That phrase instantly brings up images from The Lion King, and then your brain jumps to Disney, the company behind it all. That chain reaction—going from a phrase to a brand—is exactly what a trademark is all about.
Why Trademarks Matter for Your Brand
Trademarks protect the parts of your business that people remember. They guard your reputation, your identity, and your ability to stand out in a crowded market.
When you register a trademark, you’re giving yourself legal tools to stop copycats. You’re creating a shield around your brand. And you’re making sure that when someone sees your business name or logo, they know it’s you—not someone trying to ride your coattails.
If you don’t lock down those brand assets, you’re taking a risk. You could lose customers. You could run into legal issues. Or you might be forced to rebrand altogether.
Plus, trademarks can seriously boost your brand’s value and credibility. We broke that down in more detail in this post right here.
That’s why understanding what a trademark is—and how it works—is such a big deal.
So, What Is a Trademark?
Here’s the simple version:
A trademark is anything that helps people recognize your brand and connect it to your business. It’s what makes your brand feel familiar. And it’s what the law uses to help protect that connection.
At Indie Law, this is what we do all day. We help business owners like you figure out if your name, logo, or slogan is trademark-ready—and then walk you through the steps to protect it.
Want to know if your brand is ready for trademark protection? Let’s talk.
Ready to Protect Your Brand?
Book a free consultation call with us today to get expert guidance on trademark registration and protection.
(OrĀ at leastĀ download ourĀ Ultimate Trademark Checklist to make sure you're covering all the bases.)