Creating a Strong Trademark

A trademark is a word, phrase, symbol, or design that is used in conjunction with, and to identify the source of, goods or services in the marketplace (e.g., brand names and logos). A service mark is a form of trademark that applies to services instead of physical products. Most people are more familiar with the term “brand,” which is what the trademark protects and represents.

Trademark rights arise under common law through the actual use of the mark in commerce, without registration. However, registration of the trademark with the Trademark Office (e.g., the United States Trademark Office) provides several advantages. Common law trademarks are typically designated with a “™” symbol, and federally registered trademarks are typically depicted with a “®” symbol once registered.

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