What is a Trademark or Service Mark?

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and service marks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the USPTO.

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Schwartz Law Firm, P.C., is based in Charlotte, North Carolina, and represents clients throughout the United States and internationally. To speak to an experienced attorney about your patent, trademark or copyright matters, call us at 704-325-6099 or contact us online.

Source: The United States Patent and Trademark Office.