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  Introduction

  Trademarks are distinctive indicators used to identify the source of a particular good or service. Specifically, a trademark is used to identify a specific source of goods, and a service mark is used to identify a specific source of services. Today, the term ”trademark” is commonly used to refer to trademarks and service marks collectively, and both types of marks are considered to be nearly identical under the law. Therefore, in this book, both trademarks and service marks will be referred to as “trademarks” or “marks” and any distinction between them will be specifically noted.

  A trademark is typically made up of words or designs or a combination of words and designs. Less commonly, trademarks may consist of sounds, smells and colors among many other things. The function of a trademark is to allow consumers to identify products or services offered by a particular business or individual, referred to hereinafter as the “source” of such products or services.

  This eBook will discuss in detail the fundamentals of trademarks, including what a trademark is, how a trademark can be registered, and how a trademark can be protected against unauthorized use.
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  What Is a Trademark?

  In the United States, trademark protection is set forth in the Lanham Act, which defines a trademark as “any word, name, symbol, or device…used by a person…in commerce…to identify and distinguish his or her goods…and to indicate the source of the goods….”

  Consumers encounter countless trademarks on a daily basis. The table below shows a small sample of the myriad of trademarks used to identify the sources of a large variety of goods and services. Brand identification is the essence of trademark law. It provides consumers a reliable indicator as to the source of a product and allows companies and individuals to distinguish their goods or services from similar goods and services offered by others.

  Some of the first trademarks were etched onto ancient pottery to identify the makers of particular clay pots so buyers who preferred pots made by a certain artisan or family could use such marks to identify the origin of the particular product. Today, the use of trademarks has exploded to all areas of commerce. General consumers use trademarks to identify the cars made by a particular company, services offered by certain retailers, and sources of thousands of other goods and services. Without trademarks, consumers would be forced to expend a considerable amount of time and effort to determine the quality or provenance of a particular good or service, causing their purchases to be much more difficult and risky. By making the brand more easily identifiable, trademarks create an incentive for business owners to offer products and services of higher quality because consumers will associate the quality of a product with its particular trademark.
• About the Author
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  Shawn Farmer is a partner at Muskin & Cusick, LLC, a Pennsylvania law firm specializing in intellectual property law. Mr. Farmer is a registered patent attorney and is licensed to practice in both Pennsylvania and New Jersey. Mr. Farmer holds a Juris Doctor from the University of Kansas School of Law, received in 2004. He also holds Bachelor of Arts degrees in both chemistry and environmental studies from the University of Kansas. Before becoming an attorney, Mr. Farmer worked for five years as a chemist in both the oil and gas industry and pharmaceutical industries. Mr. Farmer is a member of the American Bar Association, the American Intellectual Property Law Association, and the Pennsylvania Bar Association.

  Mr. Farmer lives in Worcester, Pennsylvania were he enjoys spending time with his wife and three children.

  Connect with Shawn online:
  msfarmer@patentstrademarks.com

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