What is a Trademark?
A trademark is any word, name, symbol or device, that is either currently in use or will be used in commerce by an individual or business in order to identify and distinguish their goods from the goods of another.
What can be trademarked?
Generally, any word, phrase, or device has the potential to achieve federal trademark registration. As long as the potential trademark identifies the source of the goods in order to distinguish them from the goods of another, then registration is typically available.
How does a service mark differ from a trademark?
While a trademark is used to distinguish goods used in commerce from one another, a service mark is used to identify and distinguish the services of one from the services of another.
How does a trademark differ from a patent or copyright?
The purpose of a trademark is to distinguish goods in order for the public to be able to determine the source of the goods, through the use of a mark, symbol, or device. A copyright affords protection of original works of an author. A patent is used to protect inventions and other discoveries.
Do I have to register my trademark?
While you are not required to register your trademark, many valuable benefits are obtained by federal trademark registration.
What are the benefits to having a federally registered trademark?
A federally registered trademark creates valuable benefits, including: