A Trademark provides an identity for its owner in a particular marketplace and can comprise any symbol, name, catchphrase, design or sound which differentiates the trademark owner’s goods from the goods of a competitor in that marketplace.   Similarly, service marks include any symbol, name, catchphrase, design or sound which differentiates services of the service mark owner from a competitor’s services.    The Trademark/service mark owner can prevent a competitor from using a confusingly similar mark for similar products and/or services.

Trademark rights are acquired in a particular geographic area of use by an actual or constructive use of the mark. Constructive usage is achieved by filing a Trademark application.   Once filed, an Examiner at the U.S. Patent and Trademark Office makes a determination of whether registration is justified.   If a trademark is registered as a result of an application filed, Trademark rights are granted throughout the United States, generally allowing an owner of the mark to prevent competitors from using a confusingly similar mark for similar products everywhere in the country.

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