For example, software can be subject to protection as a copyright and as a patent. A character, like 'Barney,' can be protected as both a trademark and a copyright. Trademarks A trademark is a word, name, symbol or design used to indicate the source of goods and to distinguish them from others. A service mark does the same for services rather than goods. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making and selling the same goods or services under a clearly different mark.
Trademarks can be extremely valuable assets.
These companies have taken steps to develop strong recognition in the minds of consumers. One of the first and most important steps in choosing a mark is to make certain that no similar marks are being used by other companies for similar goods or services. In a clearance search, an attorney will compare the company's chosen trademark against federally registered marks, state registered marks and common law marks to determine the likelihood of confusion between these marks and the company's chosen mark. No clearance search is foolproof, but it can provide some degree of confidence that the use of its trademark will not infringe the rights of others. A company acquires trademark rights by using their mark in connection with their goods or services.