A trademark indicates to the buying public who is the source of the product or service and distinguishes you in the marketplace.
It forms part of your brand, and your brand is your reputation and allows you to establish a price premium for your products.
When you work with the United States Patent & Trademark Office (USPTO) this is the test they are going to use in evaluating your trademark
Types of Trademark
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements that identify and distinguish the source of a good or service
There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound (like jingles).
Common Law Trademark
A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used-even through they have not been never been federally registered can all be considered common law trademarks.
Strongest to Weakest
Fanciful or Coined Mark EXXON
Arbitrary Mark APPLE
Generic Heroin “Morphine
Trademark Use Requirement
Only protected if used BUT does not expire.
You can use a trademark that has been used before if it has been abandoned.