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What is a Trademark

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A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from others. A service mark is the same as a trademark except that it identifies and distinguishes the source of service rather than a product. The term trademark and mark are commonly used to refer to both trademarks and service marks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

Trademarks which are used for interstate or foreign commerce may be registered with the USPTO.

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