Trademarks are legal rights consisting of words or symbols used to distinguish goods or services from those of competitors.
Schechter and Thomas ‘3 [Roger E. and John Thomas; 2003; professor of law at George Washington University; professor of law at Georgetown University; Intellectual Property: The Law of Copyrights, Patents and Trademarks, “Introduction to Intellectual Property,” West Group]
Trademarks consist of any word or symbol used by a merchant to identify its goods or services, and to distinguish them from those of others.21 To be subject to protection under the trademark laws, a mark must successfully distinguish the origins of its associated goods, and not be confusingly similar to marks used by others or merely describe the characteristics of those goods.22 Trademark rights arise under state law as soon as the mark is used on goods in commerce.23 However, trademarks may be registered with the PTO, a step that affords significant substantive and procedural advantages.24 Trademark law also protects the appearance of product packaging and, in some cases, the actual physical configuration of the goods, if these serve as brand identifiers. A trademark owner may prevent others from using any mark that creates a likelihood of confusion as to the source or sponsorship of the associated goods or services.25 Trademark rights persist so long as the mark continues to be used and retains its distinctiveness.26