There really isn’t a more powerful marketing tool than an effective trademark, something that is immediately obvious upon reflection of a few of the most visible companies today. One only has to think of "The Golden Arches", "The Copper Top", or the "Nike Swish", for example, and immediately the brain will translate that image into a bunch of associations with that particular trademark.

Whether those associations are positive or negative, of course, will depend on the company and its products; it’s not up to the trademark itself. Still, the trademark is the driving force behind company recognition, and this is not just true of corporate giants. Any company can use a trademark as a quick way for the public to associate a set of products or services with a company. In this article, we will take a look at exactly what a trademark is, and why it is important to register them.

What is a trademark?

We discussed the essential function of a trademark above, but that does not give a total understanding of what a trademark can entail. Here are a few brief trademark facts:

Trademarks can be pictures, or simply words. Think of Microsoft Windows. There are probably two trademarks that come to mind; the first is the name "Windows", the second is the logo. The company Kodak invented a word and used that as their trademark, again with an accompanying logo.

Trademarks MUST be simple and easy to understand. Remember that the key with a trademark is simplicity; a quick image or single word needs to set loose a torrent of associations within the head of an observer.

What these two facts mean is that trademarks are a very difficult combination of simplicity (when beheld by the public) and thoughtfulness (on the part of the design team). It takes a lot of effort to come up with an effective trademark, and many people choose to register theirs.

What is a registered trademark?

A company who chooses to register a trademark does so in order to ensure that no other company can use their idea for their own marketing purposes. Once a trademark has fully completed the registration process, sole usage belongs to the company under the registration name. This registration may need to be renewed in a certain time period in order to guarantee exclusivity.

In addition, registering a trademark will ensure that a company does not come into legal complications with another company using a similar (or duplicate) trademark. The registration check includes a period where the potential registration is made public, so any objecting parties can file their issues. After that, the company is free to use the trademark.