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.