What Can Be Registered as a Trademark?

A trademark is any word, letter, name, slogan, symbol, design, logo, shape, image, sound, color or combination thereof that is used or intended to be used in commerce. In short, it is a brand name. A trademark relates to goods and a service mark relates to provided services. The same law protects both.

Why use a trademark/service mark?

  • To identify and distinguish your goods or services from those of other sellers or manufacturers
  • To demonstrate to consumers and clients that all of your products or services come from one source (you or your company)
  • To signify to consumers and clients that all of your products or services are of equal quality

The Trademark and Copyright Law states that trademark ownership rights arise from the use – “first in use – first in right”. So priority and ownership are governed by the race to the marketplace, not the race to the U.S Patent and Trademark Office (USPTO).

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