What is a trademark?

A trademark is a word, phrase, symbol, design, or combination of these elements that identifies the source of goods and distinguishes them from those offered by others.

Trademark rights are tied to the specific goods or services offered under the mark. The purpose is to help consumers identify who is responsible for those goods or services, not to give ownership over a word or design in every possible context.

In U.S. trademark law, the core question is whether consumers understand a word, name, logo, slogan, design, or other indicator as identifying the source of particular goods or services. Trademark protection is therefore connected to branding and consumer recognition, not ownership of a word or design in every possible context.

A federal trademark application is reviewed by the United States Patent and Trademark Office (USPTO), the federal agency that examines trademark applications and maintains the federal trademark register. Filing an application does not guarantee registration; the USPTO reviews whether the mark meets federal requirements and whether there are legal conflicts or other issues.