A trademark is a distinctive sign that identifies certain goods or services, which have been produced or provided by a person or enterprise. The registration system helps consumers identify and purchase a product or service that, by their nature and quality, indicated by its unique brand, is suited to their needs.
The mark may include a word, slogan, symbol, or combination of all which are used in trade and whose intention is to use it to be distinguished from one manufacturer to another or seller and identifying the source of the product. A service mark is a word, name, symbol, tool or combination that is used to distinguish the service provider to another and indicates the source of it.
There are mainly three ways to apply for a trademark in the U.S.:
• With "Intention to Use"
• "Actual use" or
• In connection with a request or registration abroad.
A federal trademark registration carries several benefits and protection under the law. Most importantly, a federal registration constitutes constructive notice of the registrant’s claim of ownership, and the owner of a federal registration may file an infringement lawsuit in federal court and seek injunctive relief, triple damages and attorney’s fees, as well as, other remedies. Additionally, a registrant has the right to request U.S. Customs officials to seize imported goods bearing an infringing trademark.