A trademark is a symbol, word, or phrase that distinguishes and identifies a product or service from the products or services of another. In some jurisdictions, a trademark can also be a sound, scent, color, or shape of a product or product packaging.

Generally, trademarks protect brand identity & goodwill while preventing consumer confusion, copyrights protect creative works fixed in a tangible medium; and patents safeguard inventions and processes.

"®" is reserved for federally or other registered trademark in many jurisdictions, while "™" signifies a common-law, unregistered trademark.

Registering a trademark in the US provides expanded legal protections and exclusive rights. Many other countries are first-to-file jurisdictions, meaning obtaining trademark registration is vital to establishing your trademark rights, and frequently does not require prior use of the mark in that country. In all jurisdictions, registering a mark provides stronger legal protections.

Common law rights, state rights, and federal rights

Common law trademark rights are created naturally by being the first user of a mark in connection with goods or services. Common law rights are generally limited to the exact goods and geographic areas where the mark is actually used. It's important to note that while common law rights provide a level of protection, federal trademark registration with the United States Patent and Trademark Office (USPTO) offers additional benefits, including a legal presumption of ownership and nationwide priority.

An application based on "use in commerce" is filed when the applicant is already using the trademark in connection with the goods or services in interstate commerce. The applicant must be able to provide specimens showing actual use of the mark. This could be a label, tag, packaging, or other examples that demonstrate the mark's use on the goods or in connection with the services.

An application filed on the basis of "intent to use" (ITU) can be filed when the applicant has a bona fide intent to use the mark in interstate commerce, but hasn't yet commenced use. The applicant will need to file a "Statement of Use" within 36 months and provide evidence of use in interstate commerce in order for the application to obtain registration.

Trademark registrations typically can remain valid indefinitely, as long as they are renewed in a timely manner and the mark is being used. Initial registration terms typically range from 5 to 10 years, depending on the country.

Yes, but then it may not be covered by your existing application or registration. Making changes to a logo (such as changing the arrangement of elements, adding or removing colors, changing the fonts or the elements of a design) may require filing a new application. Minor changes, such as color adjustments, may be acceptable without filing a new application. However, trademark offices generally examine the mark drawing against the specimens of use for any difference and may reject specimens (thus denying registration or renewal) if they are not identical to the mark as filed.

Maybe ;) You may be able to register a trademark for common words or phrases if they are used uniquely in connection with your specific product or service and have acquired distinctiveness attributable solely to you or your business.

Yes, in the US trademarks can be transferred or sold to another party through a trademark assignment agreement or other document which must be recorded with the USPTO.

They don't! The USPTO is not an enforcement agency. While they may reject or suspend an application for being likely to be confused with an earlier filed application or existing registration, they do not proactively take action against trademark infringements. It is incumbent upon trademark owners to police and enforce infringement of their own trademarks. Monitoring publications and tradeshows relevant to your industry, or having a watch service in place can be helpful to identifying trademarks likely to cause confusion with your own and provide an opportunity for early enforcement action.

If someone uses your trademark without permission in the US, different types of legal action can be taken depending on the type of infringement. Some examples of enforcement actions include: sending cease-and-desist letters, submitting take down notices to platforms, filing a UDRP complaint, filing cancellation or opposition action against a trademark registration or application with the Trademark Trial & Appeal Board, or filing a lawsuit in federal or state court.