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What is a trademark?

The term "trademark" is often used to refer to any of the four types of marks that can be registered with the United States Patent & Trademark Office. The two primary marks are:

• Trademarks include any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
• Service marks are the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" refer to both trademarks and service marks.

There are other types of marks that can be registered in the USPTO, but they occur infrequently and have some different requirements for registration than the more commonly applied for trademarks and service marks. They are:

• Certification marks are any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.
• Collective marks are a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

PLEASE NOTE: Since the benefits conferred by registration are essentially the same for all types of marks, the term "trademark" is often used in general information that applies to service marks, certification marks, and collective marks as well as to true trademarks (marks used on goods) as defined above.

Here are some specific benefits of having a federally registered trademark:

• Constructive notice nationwide of the trademark owner's claim.
• Evidence of ownership of the trademark.
• Jurisdiction of federal courts may be invoked.
• Registration can be used as a basis for obtaining registration in foreign countries.
• Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.