Trademarks must register with the USPTO and must be distinct and nondeceptive

[Gary,07/13/2023, American Public University, “What Is Intellectual Property Law? And Why Does it Matter?”, https://www.apu.apus.edu/area-of-study/security-and-global-studies/resources/what-is-intellectual-property-law/#:~:text=IP%20Laws,variety%20of%20products%20and%20services, accessed 7/11/2024, LR]

How to Trademark Something

Like patents, trademarks must be registered with the USPTO. To register a trademark, creators or owners must file an application that includes the mark itself, a description of the goods or services that you use the mark with, and a specimen of the mark.

The USPTO will then examine the application to determine if it meets the requirements for registration. And if the application is approved, the USPTO will issue a registration certificate. Once a trademark is registered, the creator or owner has the exclusive right to use the mark in commerce, and no one else can use the mark without the owner's permission.

Trademarks must be distinct and non-deceptive in order to be eligible for registration. An example of a deceptive characteristic that would likely result in a trademark being unable to be registered would be a description of “Swiss” for a product that is not made in Switzerland.

Registered trademarks use the ® symbol and unregistered trademarks use the ™ symbol. While registered trademarks enjoy broad protections, unregistered trademarks can generally only be enforced within the geographic area where they are used in commerce.