A trademark is a distinctive name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer. A trademark is an intangible asset that may be protected from use by others. A trademark also comes to signify a certain measure of quality in the particular good or service over time. Trademarks can therefore be utilized as a very effective marketing mechanism.

Generally speaking, there are five types of trademarks:

  • Word mark is a trademark that consists of words or a phrase. Word marks can be stylized to make them more distinctive.
  • Design mark is a trademark that consists of a graphic, such as a logo.
  • Composite mark is a trademark that consists of a logo and one or more words.
  • Service mark is a mark used to indicate the origin of services as opposed to goods.
  • Trade dress refers to the appearance of a product or its packaging that distinguishes the product in the marketplace and indicates its unique origin.

The most common types of trademark applications are:

  • Use based application - this application is based on actual use of the mark in commerce to identify goods or services in the marketplace.
  • Intent to use - this application is based on an intent-to-use the mark in commerce. A statement of actual use must be filed within 6 months of the mailing date of the Notice of Allowance.

Trademark Terms: Infinite.