If your trademark enjoys priority in a particular market through first use, you may be able to exclude others from using confusingly similar marks in that market. A search can uncover these conflicts. Trademark A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs used to identify the source and quality of a business product. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a tangible product. Trade Names vs. Trademarks Trade names or business names are the names used to identify a particular company or corporation.
Trademarks are names that identify a business's goods or services in the marketplace.
Business names can become trademarks when they are used in the marketplace to identify a product or service. For example, the KentuckyWeb uses the KentuckyWeb name as both its corporate name and also as a trademark. Registering a business name through state corporate name registration or assumed business name registration secures the right to use that business name with respect to bank accounts, debts, invoices, lawsuits, etc., but it does not create the right to use that name in the marketplace as a trademark. Trademark Law Trademark law is the body of law that courts use to protect consumers from confusion regarding the source of products and services and to prevent businesses from taking advantage of another business's goodwill embodied in the names of its goods or services. If two businesses are each using names for their goods or services that may lead to confusion in the marketplace over the source of those goods or services, trademark law will be applied to resolve the dispute.