Basics of Trademarks

What is a Trademark?

  • A trademark is a word, symbol, sound or device, which serves to indicate the source of plants, fruit or other products or services.
  • United States trademark law is based upon the Lanham Trademark Act of 1947 which provides the owner of a trademark the right to prevent others from using the same or a confusingly similar mark for the same or similar goods or services.
  • A trademark allows a consumer to know where a particular product or service is coming from. By allowing a consumer to identify the source of the goods or service, a good and recognizable trademark can allow a consumer to distinguish the quality of similar goods or services.
  • The use of the TM symbol indicates that a company is claiming ownership of a trademark, while the use of the ® symbol indicates that the trademark has been registered with the United States Patent and Trademark Office or another international trademark authority.

*** The Seed Innovation and Protection Alliance is not a law firm and does not provide legal advice. Information provided on this website is for educational purposes only.