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.