What is a Trademark?
A trademark is a word, name, symbol or device, or a combination thereof, that serves as an indicator of the source or quality of goods bearing the trademark. Similarly, a service mark serves as an indicator of the source or quality of services. Both are referred to here as trademarks.
Rights in trademarks arise through use in commerce, and can increase in value over time as they gain recognition in the marketplace. Unlike patents, trademarks do not require government registration to exist, but they can be registered at the state and federal level.