Although marks that are somewhat not distinctive may become eligible for trademark protection through secondary meaning, establishing secondary meaning in a mark requires prolonged, exclusive use of the mark. A mark that has acquired secondary meaning serves to indicate the origin of the goods upon which it appears, rather than simply referring to the article itself. Many times in selection of a trademark, the owner falls prey to a desire to adopt a catchy name or phrase or use terms that will tell the public just what type of business, goods, or services the owner is offering. Although such a selection may please the marketing department because it makes their advertising job easier, the adoption of a weak or unprotectable mark is usually ill-advised. Consequently, it is extremely important to select a mark that can develop into a strong mark around which a business can build a solid foundation.
Trademarks symbolize the goodwill and reputation of the owner of the mark.
Rights under a trademark protect that goodwill and reputation against others using a mark that is likely to cause public confusion regarding the goods or services offered in connection with the mark. Trademark rights are potentially perpetual because they exist for so long as and to the extent the mark is used and trademark registrations can be renewed. Almost anything that is capable of distinguishing goods or services from the goods or services of others can serve as a trademark if it is used prominently as an identifier. What a Trademark Does Not Cover Trademarks do not protect the underlying technology of the goods or services bearing the mark. For example, an unpatented tennis racquet bearing a trademark may be copied exactly by a competitor so long as the competitor does not use a confusingly similar mark on the racquet.