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ABA Family Legal Guide

Forming and Operating a Small Business

Intellectual Property

Trademarks

What is a trademark?

A trademark is any

  • word or words,
  • name,
  • symbol or picture, or
  • device

    that a company or business uses to distinguish its goods from someone else's. A trademark can be any combination of the above and can even be a saying or slogan, such as Coke's "It's the Real Thing." The Nike "swoosh" is a trademark, as is the Gap logo and thousands of other familiar symbols and logos. Trademarks that have been registered with the U.S. Patent and Trademark Office can be identified easily by the ® after the mark on the product or its packaging. Before the mark is registered, the owner can assert common-law trademark rights by using this mark ™ after the mark's first use in each document, advertisement, or other visual medium.

  • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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