What is a Trademark?

Trademarks are also issued by the PTO.  A trademark is a word, name, symbol or device, which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.

A servicemark is 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” are commonly used to refer to both trademarks and servicemarks.

If the appropriate affidavits are filed with the PTO, trademark registrations last for 10 years and can be renewed for additional 10-year periods.  Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.