What is a trademark or service mark?

Written by Dan Symons
November 14, 2018

A trademark or service mark is a word, name, symbol, device, or any combination, used to identify and distinguish the goods and services of one seller or provider from those of others, and to indicate the source of the goods and services.

Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and a presumption of the exclusive right to use the mark on or in connection with the goods and services listed in the registration.

Recordation of a registered trademark with U.S Customs and Border Protection enables the owner to stop infringing goods from entering the United States.