“…any word, name, symbol, or device or combination thereof…to Identify and distinguish his or her goods…from those manufactured or sold by others…” 15 U.S.C. § 1127.
A brief overview of some key trademark points:
A trademark is a word, name, symbol device, or other designation, or a combination of such designations, that is distinctive of a person’s goods or services and that is used in a manner that identifies those goods or services and distinguishes them form the goods or services of others.
A word, name, symbol, device or other designation, or combination of such designation, is distinctive under the rules if the designation is inherently distinctive, because of the nature of that designation and context in which it is used, prospective purchasers are likely to perceive it as a designation that, in the case of a trademark identifies goods or services produced or sponsored by a particular person, whether know or anonymous, or in the case of a trade name, identifies the business or other enterprise or a particular person, whether known or anonymous, or in the case or a collective mark, identifies members or the collective group or goods or services produced or sponsored by members.
One who has used a designation as a trademark, trade name, collective mark, or certification mark under the rules has priority in the use of the designation over another user in any geographical area in which the actor has used the designation in good faith or in which the designation has become associated with the actor as a result of good faith use before the designation is used in good faith or becomes associated with the other and in any additional geographic area in which the actor has priority over the other under applicable statutory provisions.
