A type of intellectual property consisting of any word, name, symbol, color, sound, or other device (or combination of them) used to indicate the source or origin of goods and distinguish one party's goods from another's. A service mark is the same as a trademark, except it identifies the source of services rather than goods. Trademark owners generally have the right to exclude others from using their trademarks for the same or similar goods or services.

In the US, trademark rights are acquired and maintained through commercial use of a mark on or in connection with the relevant goods or services. Trademark rights are protected federally by the Lanham Act (for trademarks used in or affecting interstate commerce) and at the state level by common law unfair competition principles and state trademark statutes. Trademarks eligible for federal protection may be registered with the US Patent and Trademark Office. While registration of a trademark is not required for protection, it provides rights and benefits beyond those available under common law. Unlike copyright or patent rights, trademark rights can be maintained indefinitely, if the trademark continues to be used in commerce.

For further information, see Practice Note, Trademark: Overview.