Trademarks

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. A trademark can include “Trade Dress” or the way the physical product looks like.

Examples of Trademarks:

OLIVE JUICE® for children’s clothing.

JUST DO IT slogan of Nike® apparel company.

STURBUCKS coffee new logo

STURBUCKS coffee new logo

Samples of the NESTLE logo and PENTIUM stylized mark

Samples of the NESTLE logo and PENTIUM stylized mark.

The negative image of a contour of COCA-COLA bottle

The negative image of a contour of COCA-COLA bottle (in use since 1916).

Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration.