WHAT IS A TRADEMARK?

A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source or origin of goods or services. A service mark is like a trademark except that it refers to a service instead of a product. Trademark rights can be used to prevent others from using a confusingly similar mark.

The filing of a registration application with the Patent and Trademark Office is one way to establish rights to a mark, but rights also can arise simply from actual use of a mark. There are greater benefits from registration, however, such as presumption that the owner of the registered mark is, in fact, its owner and is entitled to use it across the country. Unlike patents and copyrights, trademark rights can last as long as the trademark is used to identify goods or services, although the registration must be renewed every 10 years and certain information must be filed to keep the registration alive.