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What is a Trademark?

In the United States, the USPTO is the federal agency responsible for granting patents and registering trademarks. The founders viewed intellectual property as a very important kind of property for the government to protect, so the ability to create the USPTO is actually enshrined in the US Constitution, "[The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." However, this clause was found to be insufficient with respect to commerce such as trademarks. The power to protect this form of IP is derived from the Commerce clause.

Trademarks are distinct from other forms of IP, including registered patents and copyrights, both in how they protect intellectual property and what intellectual property they are designed to protect. In the helpful overview provided by the USPTO, Trademark Basics, it is explained that a "trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services." The page further mentions the difference between a trademark and a service mark, both of which are colloquially referred to as trademarks. You establish your trademark by using it, but for nationwide rights to protect what you are offering a registered trademark is required.

Why hiring a professional can help.

Registering a trademark requires a thorough background search of existing registered trademarks. Without a thorough search and consideration into how to best file, the process could ultimately end with a mark that is not distinctive enough, among other pitfalls. Additionally, to protect IP using a registered trademark, it can be helpful to know an experienced litigator who can represent an owner of the mark in a legal dispute.

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