Definition

Trademarks identify and distinguish one company's goods from another, therefore they must be distinctive.

• Nature:
• Commercial identification via words, names, symbols, devices, sounds, smells or trade dress also referred to as the product shape
• Scope:
• Protects against creating likelihood of confusion, and for famous marks, dilutions
• Purpose:
• Protects owners and public from unfair competition
• How to obtain rights:
• Use mark in commerce or apply for federal registration
• Notice requirements:
• "TM" or "SM" if unregistered
• ® if registered
• Infringement standard:
• Likelihood of confusion, mistake or deception as to source or sponsorship