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What is it?
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.
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. Trademarks
which are used in interstate or foreign commerce may be
registered with the Patent and Trademark Office. The registration
procedure for trademarks and general information concerning
trademarks is described in a separate pamphlet entitled
"Basic Facts about Trademarks".
uspto.gov
An overview of trademark law with links to key primary
and secondary sources and identify the origin of their
products. Trademarks are generally distinctive symbols,
pictures, or words that sellers affix to distinguish and
identify the origin of their products. Trademark status
may also be granted to distinctive and unique packaging,
color combinations, building designs, product styles,
and overall presentations. It is also possible to receive
trademark status for identification that is not on its
face distinct or unique but which has developed a secondary
meaning over time that identifies it with the product
or seller. The owner of a trademark has exclusive right
to use it on the product it was intended to identify and
often on related products. Service-marks receive the same
legal protection as trademarks but are meant to distinguish
services rather than products.
www.law.cornell.edu/topics/trademark.html
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