What is a Business Trademark?
A business trademark is a special sign, name or logo that helps people recognize a company or its products.
A trademark makes a business stand out and protects its brand identity. A trademark can be a word, a symbol, a slogan, or even a design. When a business has a trademark, no other company can use the same or a similar one for their products or services.
For example, when people see the Nike “swoosh” logo, they immediately think of Nike shoes and sportswear. This is because Nike has registered its logo as a trademark. Another example is the name “Coca-Cola.” No other company can use that name to sell soft drinks because it is protected by trademark laws.
Trademarks are important because they help customers trust a business. When people see a familiar brand name or logo, they know what to expect. It also helps prevent confusion in the market. If two companies sell similar products, a trademark makes it clear which product belongs to which company.
To protect a trademark, a business must register it with the right government office. In Kenya, trademarks are registered with the Kenya Industrial Property Institute (KIPI). In the United States for instance, businesses register trademarks with the United States Patent and Trademark Office (USPTO). Once a trademark is registered, the business has legal rights over it, meaning no one else can use it without permission.
A trademark lasts a long time, but the business must renew it regularly. If a company does not use its trademark for a long period, it can lose its rights. Some businesses have trademarks that have lasted for many years, like McDonald’s golden arches or Apple’s apple logo.
If another company tries to use a registered trademark, the original owner can take legal action. This is called trademark infringement. For example, if a new shoe company starts using a logo that looks very similar to Nike’s swoosh, Nike can sue them for copying their trademark.
Not every name or symbol can be a trademark. A business cannot trademark common words that describe a product. For example, a company selling milk cannot trademark the word “Milk” because it is a general term. However, they can create a unique name, like “MilkoFresh,” and register that as a trademark.
However, a trademark is different from a copyright or a patent. A copyright protects creative works like books, music and movies, while a patent protects new inventions. A trademark specifically protects brand names, logos and symbols used in business.
Having a trademark gives a business a strong identity and makes it easier for customers to remember and trust the brand. It is an important step for any business that wants to grow and protect its reputation. Businesses that plan to expand should consider registering their trademarks early to avoid future legal problems.
Hence, a trademark is more than just a name or logo, it is a valuable asset for any company. It helps a business stand out, builds trust with customers, and protects its brand from competitors.
