Trademarks 101 — Why Names Matter

Episode Summary In this episode of Infringe at Your Own Risk, intellectual property attorney Rand Bateman of Bateman IP dives deep into the world of trademarks. Rand explains why trademarks are essential for building brand recognition and trust, sharing real-world examples of how companies like Wilson, Tiffany, and Apple have leveraged trademarks to create immense value. Listeners will learn the critical differences between generic, descriptive, suggestive, arbitrary, and fanciful marks—and why some trademarks are stronger than others. Rand also reveals how businesses can avoid costly mistakes, such as choosing conflicting brand names, failing to register trademarks early, or allowing “naked licensing” to weaken their protection. Whether you’re an entrepreneur, small business owner, or an established brand, this episode provides essential insights on how to safeguard your name, logo, and reputation while maximizing long-term brand value.   Key Timestamps 00:00 – What is a trademark and why does it matter? 01:20 – How brands like Wilson and Tiffany built value through trademarks 03:00 – The power of brand perception and luxury identities 05:00 – Why trademarks hold more value than physical assets 07:00 – How quality (or poor quality) affects your brand reputation 09:00 – Avoiding trademark conflicts and cease-and-desist letters 10:00 – Importance of trademark searches and documenting use 12:00 – Registering trademarks early to secure nationwide rights 14:00 – Can you reuse an expired trademark? 16:00 – TM vs. ®: What’s the difference and when to use them? 18:00 – Types of trademarks: generic, descriptive, suggestive, arbitrary, and fanciful 20:00 – How trademarks become generic and lose protection 22:00 – Naked licensing and how it can destroy your trademark   About the Show: Infringe at Your Own Risk is a podcast for creators, innovators, and entrepreneurs who want to understand how intellectual property law protects their ideas, and how to avoid costly legal mistakes. Hosted by Kevin Rosenquist and featuring IP attorney Randall Bateman of Bateman IP.   Bio: Randall Bateman is a registered patent attorney and founder of Bateman IP, a Utah-based intellectual property law firm. He has over two decades of experience helping inventors, startups, and businesses protect and enforce their ideas. Learn more or connect with Randall at batemanip.com or email rand@batemanip.com