Trademark

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WHAT IS A TRADEMARK?

Trademarks may be obtained for distinctive words, phrases or symbols which serve to identify a particular source of goods.  Service Marks may be obtained for distinctive words, phrases or symbols which serve to identify a particular source of services.  For convenience in the discussion herein, both service marks and trademarks are generically referred to as trademarks.

Failure to register a trademark with the United States Patent and Trademark Office may result in the loss of substantial rights.  In addition, failure to determine whether a trademark is already being used may leave an individual or company open for a claim of trademark infringement.

The value of a trademark is clear from well-known examples.  Why does Coca Cola sell for twice as much as generic cola?  The trademark makes the product easily recognizable, and adds great value to the product.