Trademark Basics
A TRADEMARK is either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
Trademark protection under the Lanham Act
Trademark rights arise from either (1) actual use of the mark, or (2) the filing of a proper application to register a mark in the Patent and Trademark Office (PTO) stating that the applicant has a bona fide intention to use the mark in commerce regulated by the U.S. Congress.
TM and SM can be used by holder of mark; ® can only be used if registered in PTO
Term: indefinite as long as it is used
Infringement legal basics: Do two marks appear alike