Trademarks are everywhere, shaping the way businesses present themselves to the world. They protect brand names, logos, slogans, and even sounds or colors that distinguish one company from another. Beyond just being legal tools, trademarks have fascinating stories behind them. Some are bizarre, others are historic, and a few are surprisingly recent.
Here are some trademark facts that will make you see logos and brand names in a new light.
1. The Word “Trademark” Dates Back Centuries
The concept of trademarks isn’t new. If anything, it goes back to medieval guilds, where artisans marked their goods with symbols to prove authenticity. In fact, one of the earliest recorded trademarks dates to 1266 in England, when bakers were required to put identifying marks on bread to stop fraud.
2. The First Registered Trademark in the U.S. Was for Whiskey
In 1870, the U.S. registered its first trademark for a whiskey brand called “Old Jericho.” It featured an eagle perched on a rock. While countless trademarks have been filed since then, whiskey is honored to be the pioneer in American trademark history.
3. Harley-Davidson Tried to Trademark the Sound of Their Engines
In the 1990s, Harley-Davidson attempted to trademark its V-twin motorcycle engine’s distinctive “potato-potato” sound. Other motorcycle makers objected, arguing engine sounds weren’t unique enough to be trademarked. After a lengthy legal battle, Harley eventually dropped the attempt.
4. You Can Trademark Smells and Colors
Trademarks aren’t just limited to logos or words. Sometimes, smells and colors can be trademarked if they are distinctive enough. For example, the scent of Play-Doh has been trademarked, as has Tiffany’s famous robin-egg blue. UPS also owns the trademark to its signature brown.
5. Superheroes Are Jointly Owned by Marvel and DC
Two rival comic giants—Marvel and DC—actually share a trademark. They co-own the word “Superhero,” meaning other publishers technically can’t use it in comic titles. It’s one of the rare cases where competitors legally share control of a trademark.
6. Disney is Famous for Fierce Trademark Protection
Disney is one of the most aggressive companies in terms of trademark protection. They’ve even gone after small businesses that used Mickey Mouse on birthday cakes or school murals. The company also lobbied heavily to extend copyright terms to protect characters like Mickey from entering the public domain.
7. Google Was Almost Called “Backrub”
Before “Google” became the global brand we know today, the company went by the name “Backrub.” The name reflected its function of analyzing “backlinks” on the web. Eventually, they chose “Google,” a play on “googol,” the number 1 followed by 100 zeros. The word itself is now so widely used that it has nearly become generic. However, Google has fought hard to prevent that.
8. Velcro Fights Hard Against the Word Becoming Generic
Velcro is a brand name, not a product name—but most people use it generically. In fact, the company even released a tongue-in-cheek music video begging consumers to stop calling all hook-and-loop fasteners “Velcro.” If a brand name becomes generic, it loses its trademark protection.
9. “Hoover” Became Synonymous with Vacuuming in the UK
In the United States, “Kleenex” and “Xerox” are famous examples of brand names that risked becoming generic. In the UK, the word “Hoover” became so widely used for vacuum cleaners that people still say “to hoover” regardless of the brand.
10. Paris Hilton Trademarked “That’s Hot”
Celebrities are not shy about filing unusual trademarks. Paris Hilton famously trademarked her catchphrase “That’s Hot.” She even sued Hallmark when they used the phrase on a greeting card without her permission. Similarly, Taylor Swift has trademarked song lyrics like “This Sick Beat.”
11. Trademarks Can Be Lost If Not Defended
A company can lose its trademark if it doesn’t actively protect it. That’s why you often hear of big brands suing even small businesses as if they don’t, they risk losing the exclusive rights. For example, Aspirin, Escalator, and Cellophane were once trademarks but became generic because companies failed to enforce them.
12. Apple vs. Apple Corps Was a Legendary Dispute
The Beatles founded Apple Corps, a music company, long before Steve Jobs launched Apple Computer. The two companies entered a legal agreement where Apple Computer promised not to enter the music business. That worked—until the iPod and iTunes arrived. Decades of lawsuits followed before they finally settled.
13. Nike’s “Just Do It” Slogan Was Inspired by a Criminal’s Last Words
Nike’s world-famous slogan, “Just Do It,” was inspired by the final words of Gary Gilmore, a convicted murderer executed in 1977. His last statement before the firing squad was “Let’s do it.” Advertising executive Dan Wieden adapted it into “Just Do It,” which became one of the most iconic trademarks ever.
14. McDonald’s Has a Massive Collection of “Mc” Trademarks
McDonald’s aggressively trademarks anything related to “Mc” and “Mac.” From McFlurry to McMuffin, they’ve registered hundreds of variations. At one point, they even fought a small Irish restaurant chain called Supermac’s over the name, though they eventually lost part of the case in the EU.
15. The “Happy Birthday” Song Was Once Trademarked
For decades, Warner/Chappell Music claimed copyright and trademark rights over the “Happy Birthday” song, demanding licensing fees from movies, restaurants, and public performances. In 2016, a court finally ruled the claim invalid, freeing the world’s most popular song into the public domain.
16. Coca-Cola Keeps Its Formula Protected by Trademark, Not Patent
Unlike patents, which expire, trademarks can last forever as long as they’re defended. Coca-Cola never patented its secret formula. Instead, it used trademarks to protect the brand and guarded the recipe in secrecy. That’s why the formula has never been fully revealed.
17. Some Trademarks Are Worth Billions
Trademarks aren’t just symbols; they’re massive assets. Brands like Apple, Amazon, and Microsoft are valued in the hundreds of billions, with much of that value tied directly to their trademarked names and logos.