What is a Trademark (Service Mark, Trade Dress, Trade Name, etc.)?
A trademark is a distinctive mark (which can include words, names, symbols, designs, combinations of them, etc.) that a manufacturer attaches to its goods as a symbol of authenticity, to distinguish its goods from others’. They are often accompanied by a symbol like ™ or, if they have been registered at the federal level, ®. To be valid, marks must be actually used in trade, and they can be lost through lack of use. Registration is not required for validity, at either the state or federal level. Marks can also be used in connection with services as well as goods and can consist of building designs, packaging, etc. Trade names are similar. Registration of marks requires that specific categories of goods and services be identified in the registration, and the registration protects the mark only for those classes of uses. Use of words, images etc. that have been trademarked is prohibited only if the use would be likely to confuse someone as to the origin or authenticity of a product. Desc
