What is a Trademark?

Generally speaking, a trademark is something you use to identify and distinguish your business or products. It can be a word or words, an image (ie: logo), or even a sound or smell.  If a mark represents a product, it is a “trademark.”  If it represents a service your provide, it is a “service mark.”  However, the word “trademark” is used as a general term for both products and services.

Here is the legal definition from the federal law itself:
[section background_image=”” text_color=”#424242″ background_color=”#ffffff”]The term “trademark” includes any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

15 U.S. Code § 1127