What Is a Trademark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.  Typically, a trademark for goods appears on the product and/or packaging utilizing the “TM” or “® ” designation to alert the public of a party’s claim.  However, you may use the federal registration symbol “® ” only after the USPTO actually registers a mark, and not while an application is pending.  The symbol “TM” may be used regardless of whether you have filed an application with the USPTO.

A service mark trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of a service rather than a product.

What Is a Trade Dress?

Trade Dress is a distinctive, nonfunctional feature, which distinguishes a merchant's or manufacturer's goods or services from those of another. The trade dress of a product involves the "total image" and can include not only the configuration, shape and design of the goods, but also the color of the packaging as well.

Can You Claim Trade Dress Protection?

To establish a superior right to your unique trade dress, your trade dress must indicate or be distinctive towards your business or product. This is accomplished by showing that the public associates your trade dress with a particular source. You can also claim trade dress protection if the public associates other products with your trade dress and believes the source to be your company, causing a likelihood of confusion.

What is a Trade Secret?

A trade secret is information, including a formula, pattern, compilation, program device, method technique, or process, that derives independent economic value, actual or potential, from no being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

In more basic terms, a trade secret is any valuable business knowledge or information which affords economic advantage over others and is subject to reasonable efforts to maintain its secrecy. Generally, a trade secret will be protected from exploitation by those acquiring its access through improper means or parties. Trade secret misappropriation is similarly related to a type of unfair competition. Remedies for infringement of a trade secret include damages, profits, reasonable royalties, and injunctive relief. Click here to visit the United States Patent and Trademark Office website.