Trademark

A trademark, which is also known as a mark, is a word, name, symbol, or combination of those elements that is used by a person or a business to identify that person's or business' products and services uniquely from those of any other person or business.

The United States Patent and Trademark Office manages the registration and maintenance processes related to trademarks. Although registration of a trademark is not required, it is necessary if one wants to obtain the benefits of trademark registration.

The benefits of trademark registration include the right to use the trademark exclusively within the United States, bring legal action against others concerning infringement of the trademark, preventing the importation of goods that infringe on the trademark, and obtain registration of the trademark in foreign countries.

Once a trademark is registered, the owner can maintain and renew the trademark indefinitely. To maintain a trademark, the owner must file a Declaration of Use between the fifth and sixth year after the original trademark registration. In addition, the owner must file a Declaration of use and Application for Renewal between the ninth and tenth year after the original trademark registration and every ten years thereafter. Parties outside the United States typically refer to a service mark simply as a trademark.