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: