Trademarks protect distinctive features of goods and services.

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]

Trademark law protects a word, phrase, symbol or design that is used by an entity to identify its product or service. Examples are Dunkin Donuts orange and pink sausage style lettering, Apple’s apple logo, and Adidas’ three stripes. Trademark owners can prevent others from using their marks, or marks which are confusingly similar so that consumers would not be able to identify the source. Federal and state laws govern trademarks but the Lanham Act is the primary source of trademark protection. These laws protect against infringement and dilution. Rights in trademarks are gained by being the first to use a trademark in commerce or being the first to register the mark with the United States Patent and Trademark Office.