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An Overview of the United States Trademark Law

Steven B. Smith, Esq. | posted 11/02/2007
This article provided by the Engstrom Institute

What is a Trademark?

Trademark is a word, name, pictorial matter, symbol, logo, etc. (or any combination of these) used by a business or entity to identify and distinguish its products from other products. Use of a word, name, etc. in connection with services is called a Service Mark.

• Other items which may be protected include a Certification Mark  (a mark used by a person other than its owner to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person's products or services; or that the work or labor on products or services was performed by members of a union or other organization), a Collective service mark/trademark  (a mark used by the members of a cooperative, an association, or other collective group or organization to identify their products and services), a Collective membership mark (a mark used to indicate membership in a cooperative, an association, union, or other collective group or organization) and Trade dress (the overall design or appearance of a product or its packaging, which can include features such as size, shape, color, color combinations, texture, and graphics).