Legal Definitions - Trademark

A trademark is a word, name, symbol, or design used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another. It indicates the source of the goods and helps consumers recognize and trust a particular brand.

For example, the Nike "swoosh" logo is a trademark that identifies Nike products. The McDonald's golden arches are another trademark that identifies McDonald's restaurants and food.

Trademarks can also include shapes, sounds, fragrances, and colors. For instance, the unique shape of a Coca-Cola bottle is a trademark that distinguishes it from other soda brands.

To be eligible for trademark protection, a mark must be in use in commerce and distinctive. This means it must be capable of identifying and distinguishing particular goods as emanating from one producer or source and not another. Trademarks are divided into four categories of distinctiveness: arbitrary/fanciful, suggestive, descriptive, and generic.

Trademark registration provides federal protection for distinctive marks that are used in commerce. Registered marks enjoy significant advantages over unregistered marks, including nationwide constructive notice of ownership and use of the mark and incontestable status after five years of continuous use.

Overall, trademarks are important for businesses to protect their brand identity and reputation, and for consumers to make informed purchasing decisions.