Which term best describes a symbol or phrase used by business to identify their goods or services and the use of which can be protected by law?

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.

The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

A trademark:

• Identifies the source of your goods or services.
• Provides legal protection for your brand.
• Helps you guard against counterfeiting and fraud.

A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.

For example, let's say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn't mean you can stop others from using a similar logo for non-woodworking related goods or services.

Another common misconception is believing that choosing a trademark that merely describes your goods or services is effective. Creative and unique trademarks are more effective and easier to protect. Read more about strong trademarks.

Owning a trademark vs. having a registered trademark

You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you’re providing your goods or services. If you want stronger, nationwide rights, you’ll need to apply to register your trademark with us.

You’re not required to register your trademark. However, a registered trademark provides broader rights and protections than an unregistered one.

For example, you use a logo as a trademark for the handmade jewelry you sell at a local farmer’s market. As your business grows and you expand online, you might want more protection for your trademark and decide to apply for federal registration. Registering your trademark with us means that you create nationwide rights in your trademark.

Using the trademark symbols TM, SM, and ®

Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.

Once you register your trademark with us, use an ® with the trademark. You may use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark. You may only use the registration symbol with the trademark for the goods or services listed in the federal trademark registration.

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

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Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or "mark" on their products.

An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.

Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.

Trade secrets are IP rights on confidential information which may be sold or licensed.  The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

WIPO runs workshops, seminars and training courses throughout the year, both in Geneva and worldwide.

Year-round roving seminars help businesses, researchers, lawyers and innovators stay on top of latest developments in global IP services.

The WIPO Academy offers distance learning and face-to-face courses. Choose from a rich portfolio of general and specialized courses on IP to improve your skills, whatever your level of knowledge or interest.

Or explore the interactive IP PANORAMA e-tutorial.

On April 26 every year we celebrate World Intellectual Property Day to promote discussion of the role of IP in encouraging innovation and creativity. Find out how you can take part.

Subscribe for free to read stories, articles and interviews showing IP, innovation and creativity at work across the world. (Available in English, French and Spanish).

Our outreach tools are free resources to assist IP offices and organizations in planning and implementing public campaigns to build better understanding and use of IP.

WIPO's award programs recognize innovators and creators, big and small, companies and individuals. The WIPO Awards Program includes both global and national awards.

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Men and women are equally as creative and innovative. Yet, women remain under-represented in many areas. Find out how WIPO works to tackle this issue.

IP is a critical incentive for innovation and creativity, which in turn are key to the United Nations Sustainable Development Goals (SDGs) success.

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Universities and public research institutions are the factories of the knowledge economy. Discover how IP policies and knowledge transfer are critical to their work.

Find out how WIPO is supporting judiciaries in dealing with the novel legal questions that often arise from IP disputes in a rapidly changing technological environment.