Since very early in history, symbols have been used to signify the source of a good or service (e.g., branding cows to designate ownership). In today’s commercial world, it is virtually impossible to avoid the use of trademarks used in conjunction with goods and services in the marketplace. Trademarks essentially allow businesses to protect the symbolic information that relates to their goods and services, by preventing use of the information by competitors.

Rights in a trademark automatically arise when the mark is used commercially in conjunction with certain goods or services. Such marks remain protectable so as long as the mark is still used in commerce and it is distinctive. Trade dress is similar to trademarks and can be used to identify and promote the product or service. For example, the shape, color, and design of a product or its packaging can be trade dress. Likewise, the decor and color scheme of a restaurant or store also can be trade dress.

For more information, see our post: What are the Basics of Trademarks?

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

What are the Basics of Trademark Law?

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