Many business owners ask themselves how they can keep someone else from using their name. One answer is through trademark rights. According to the U.S. Patent and Trademark Office – USPTO –, a trademark is “a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others”. That means that a trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement.

You can say that trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.

When it comes to what kinds of trademarks can be registered, the possibilities are almost limitless. Trademarks can be one or a combination of words, letters, and numerals; they may consist of drawings, symbols, three-dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features.

In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. Collective marks are owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association. Examples of such associations would be those representing accountants, engineers, or architects. Certification marks are given for compliance with defined standards, but are not confined to any membership. They may be granted to anyone who can certify that the products involved meet certain established standards.

There are a few categories of trademarks that you will not be able to register. For example, you cannot use as a trademark a generic word. Generics words are common words that describe an entire class of goods or services; you won’t be able to use terms like "Pizza Restaurant" for a pizza restaurant and "Tennis Racquets" for tennis racquets. An interesting fact is that, because a trademark grants the applicant an exclusive right to use, the USPTO, for instance, does not want one person to have the sole right to use their surname and thereby prevent others of the same surname from using this name in connection with their business. And the list can continue with scandalous or immoral marks, deceptive marks and others like them.

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