Legal Definitions - true trademark

A true trademark is a word, phrase, logo, or symbol used by a manufacturer or seller to distinguish their product from others. The purpose of a trademark is to indicate the source of goods or services. To receive federal protection, a trademark must be distinctive, affixed to a product that is actually sold in the marketplace, and registered with the U.S. Patent and Trademark Office. Unregistered trademarks are protected under common law only and are distinguished with the mark "TM."

For example, the Nike "swoosh" logo is a true trademark that distinguishes Nike's products from those of other companies. The logo is distinctive and is affixed to products that are sold in the marketplace. It is also registered with the U.S. Patent and Trademark Office.