What is a Trademark?

Trademarks and how long they take, how long they last, legal costs, appealing them and more.

Trademarks are often used reciprocally with words such as brand, logo, and symbol. Typically, they are any sort of identifying sign, phrase, image, smell, texture, or any other combination of elements associated with a product or service that can be perceived by the senses and differentiated from other goods or services. Marks can be located on any aspect of the product, including tags and labels as well as packaging.

A trademark is any representation that identifies and differentiates the origin of a good or service from another. Trademarks are usually visual representations of words, logos, or phrases, and sounds that allow the public to identify a specific product associated with a certain mark. They assist consumers by communicating where the product comes from and ensuring a consistent quality, and encouraging consumers to develop expectations of a certain product, further strengthening the connection between a mark and a product.

A mark is a brand name that includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Although federal registration of a trademark is not mandatory, it has several advantages, including the exclusive right to use the mark on or in connection with the goods/services listed in the registration with the USPTO.