At High Swartz, our intellectual property attorneys work hard to protect our clients’ brands. Understanding how trademarks impact your business is important. Here is what you need to know:
What is a Trademark?
A trademark is a word, a name, a symbol, or any combination of words, numbers or symbols, used to identify the goods of a company. Merely using a trademark to identify and distinguish a company’s goods (or using a service mark to distinguish services) from other companies’ goods and services, creates trademark rights.
In order to receive protection under federal trademark law (the Lanham Act), you must register your trademark with the United States Patent and Trademark Office.
A trademark must be distinctly different from the generic name of the product it represents. For example, Kleenex® is a trademark for facial tissue, while White Out® is a trademark for correction fluid.
A trademark must not be confused with a trade name. The trade name identifies the company. "The Coca-Cola Company" is a trade name while COKE® is a trademark.