A trademark or servicemark is any word, name, symbol or device which is used in trade with goods or services to indicate the source or origin of the goods or services and to distinguish them from the goods or services of others.

          There are four (4) types of trademarks.

          These are:

1. A Trademark, per se, is for any word, name, symbol or device or any combination thereof which is used in commerce to identify and distinguish one's goods from those of others and to indicate the source of the goods.
2. Service Marks identify and distinguish one's services from the services of others and indicate the source of the services.
3. Certification Marks certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of goods or services or that the work or labor producing the goods or services was performed by members of a Union or other organization.
4. Collective Marks are marks used by members of cooperatives, associations, or other collective groups or organizations including membership in a Union, an association or other organization. It is important to note that collective marks are those used by members rather than the association, as such.

Trademark rights may be used to prevent others from using the same or confusingly similar marks in the same or similar channels of trade.

A trademark may, but need not, be registered by the U.S. Patent and Trademark Office. If it is registered, it may be on the "Principal Register" or the "Supplemental Register" which is used for otherwise descriptive marks that have the capability of identifying goods or services from a particular source. Unregistered marks have common law rights that vary from state to state. Federally registered marks have statutory rights which are federal in scope and at the same time they retain their common law rights.

Trademarks which are registered by the U.S. Patent and Trademark Office can be identified by an "R" in a circle. A "TM" can be used to identify trademarks which are not so registered as well as registered marks, if desired.

The term of U.S. trademark registrations is ten (10) years from the date of issue. However, between the fifth (5th) and sixth (6th) year after issue, an Affidavit or Declaration must be filed with proof of continued use of the mark. If not filed, the trademark registration of the mark is cancelled following its sixth anniversary after issuance. Within six months of the tenth (10th) anniversary of a trademark registration and until three (3) months thereafter (with payment of a surcharge), a U.S. trademark may be renewed for a further period of ten (10) years. If not renewed, the federal registration is cancelled.

Intent-to-Use Applications may be filed to register marks wherein there is a bonafide intent to use the mark, subject to the mark being used within a period of up to three years following the mark being found allowable in the U.S. Patent and Trademark Office. However, if the mark is not used within six (6) months of allowance, extensions of time in which to use the mark must be obtained in six-month increments which, after the first request, should indicate why the mark has not yet been used.

Trademarks can be registered in practically every foreign country. There are no international trademark registrations, although there are treaties and conventions whereby most countries will recognize foreign applications to register trademarks providing that the application to register a trademark in the country concerned is filed within six (6) months of the original application. Although the criteria for obtaining foreign trademarks is much the same as for U.S. trademark registrations, there is, in general, more differences of a substantive and practical nature than with patents.