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.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.
Do Trademarks and Copyrights protect the same things?
No. Trademarks and copyrights differ. A copyright protects "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works.
Why should I register my mark?
Owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
Constructive notice to the public of the registrant's claim of ownership of the mark
A legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration
The ability to bring an action concerning the mark in federal court
The use of the U.S registration as a basis to obtain registration in foreign countries
The ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
