Carr & Associates

A TRADEMARK is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. For example, the trademark "Nike," along with the Nike "Swoosh," identify the shoes made by Nike and distinguish them from shoes made by other companies (e.g. Reebok or Adidas). Similarly, the trademark "Coca-Cola" distinguishes the brown-colored soda water of one particular manufacturer from the brown-colored soda of another (e.g. Pepsi). When such marks are used to identify services (e.g. "Jiffy Lube") rather than products, they are called service marks, although they are generally treated just the same as trademarks.

The key to obtaining trademark rights is first use.  If you have an idea for a new mark or brand name; or, if you are thinking of starting a new business, it is important to protect the brand name of your product and/or the name of your business in order to prevent others from capturing your market share.  One way of protecting the name and good will of your business and your products/services is by obtaining a registered trademark.