A trademark is used to designate a source of goods or services. Typically, a trademark is a logo, graphic or short phrase used to identify a product or company. Trademarks may be obtained at common law, and they may be registered with the United States Patent and Trademark Office. If a trademark is being used without permission, then a trademark infringement or dillution suit may be necessary in order to protect the mark. If your mark is “merely descriptive” of your product, then you may not not be able to register your mark (there is still a supplemental register, though).
