About Trademark Law

What is a Trademark?

What is a trademark? A trademark is a word, name, symbol, or design, or combination thereof, representing the source of a product or service. (15 U.S.C. § 1127.)

The owner of a registered trademark has the exclusive right to use the mark. A trademark owner can prevent someone else from using the trademark for the same or related goods/services. When a third-party uses a trademark illegally, the trademark owner can recover the profits earned by the infringing third-party.

How Are Trademark Rights Acquired?

Trademark rights are acquired by either:

1. registration with a government agency, like the US Patent and Trademark Office, or
2. use in commerce, often referred to as “common law rights.”

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