A name, a logo, a slogan, a color combination–even a smell. Trademarks protect far more than most people realize, and like patents and copyrights, they are assets that need to be accounted for when their owner passes away.

In this episode of Into the Woods–the second in a three-part series on intellectual property rights at death–attorney Trent Bolar returns to join host Dave Shaffer for a closer look at trademarks. They explain how a trademark differs from a patent, why the U.S. Patent and Trademark Office will not let an applicant corner an entire market, and the difference between a character mark and one that protects a specific color combination. Dave and Trent walk through the two routes to protecting a mark, the specimens required to prove use in commerce, the five-year mark at which a trademark is considered unique, and the renewals required to keep it active. They then turn to what happens at death: why protection can lapse when the only person using the mark is gone, how ownership through a company or an LLC changes the outcome, and what a new owner has to show the USPTO. The episode wraps with a show-and-tell segment on the NCAA’s lawsuit against DraftKings–and why the next watch party you host for the big game should be promoted as such.