Trademark 101: What It Is and How It Stands Apart from Patents and Copyrights

Episode Summary

In this episode of Inherently Distinctive, host Kevin Rosenquist sits down with attorney Mark Goodman to break down the fundamentals of trademarks. Mark explains what a trademark is, how it differs from patents and copyrights, and why it’s essential for protecting your brand. He also walks through the trademark registration process, eligibility criteria, and common pitfalls to avoid.

Timestamps

00:00 – Introduction to the episode and welcome from Kevin Rosenquist
00:05 – Who is Mark Goodman? His legal expertise in intellectual property
00:25 – Overview of intellectual property: patents, trademarks, and copyrights
00:44 – What is a trademark? How it protects branding
02:30 – The Starbucks example: Why trademarks prevent confusion
04:30 – How to know if you're eligible for a trademark
05:23 – Choosing a strong trademark name and the spectrum from generic to fanciful marks
08:42 – Why businesses need to avoid similar or conflicting trademarks
09:27 – How to search for existing trademarks
12:35 – The trademark registration process and federal vs. state trademarks
14:07 – How long trademarks last and how to maintain them
15:29 – Do you need a lawyer for trademark registration? Pitfalls to avoid

About the Show

Inherently Distinctive with Mark Goodman is a podcast dedicated to helping entrepreneurs, inventors, and business owners understand intellectual property law. From trademarks to patents and copyrights, Mark breaks down legal concepts in a practical and engaging way. Whether you’re launching a startup or protecting an established brand, this show provides valuable legal insights to help you own and protect your genius.