Send a message to Jefferson Scher . You should not rely on this information to make decisions critical to your business, as it may be incomplete or incorrect when applied to your particular circumstances. This general information does not constitute legal advice, and is not intended to replace the counsel of a trademark attorney. Traditionally, a trademark was a word, phrase or symbol that functioned as a unique identifier of the source of a product. In the United States, trademark law also protects other symbols of consumer recognition, including jingles, unique scents, and even colors.
Service marks are trademarks associated with services.
Almost as important as what is a trademark is what is not a trademark. If the appropriation of a word or symbol by a single entity would unduly restrict competition, then the law will not grant trademark protection to such a word or symbol. For example, a term that the public recognizes as the common name of a product or service, such as shredded wheat or E ticket , is so fundamental to commerce that it can never become a trademark. In the United States, the circle-R symbol can be used only with a trademark or service mark registered with the United States Patent and Trademark Office, and failure to use the symbol may limit the owner s ability to collect damages for trademark infringement. Similar restrictions and requirements may apply to the use of this symbol in other countries.