What is a Trademark?
A trademark is ” . . . any word, name, symbol or device, or any combination thereof used… to identify and distinguish one’s goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.” Trademark rights in the United States are based on use of the mark, not by registration. Accordingly, common law rights accrue from the date the mark is first used to identify goods or services. However, a trademark may be federally registered with the U.S. Patent & Trademark Office by filing an application to register the mark for certain types of products or services and paying the statutory filing fee. While registration of a trademark or service mark is not a prerequisite to establishing trademark protection for a mark, registration does offer the trademark owner substantial procedural advantages when suing an infringer. Accordingly, registration of a trademark is strongly advised.
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
Trademark applies to any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
