A trademark is a word, phrase, symbol, design or a combination of those elements that identifies and distinguishes the source of the goods of one party from those of others. A service mark distinguishes the source of a service rather than goods. In virtually all other respects, the same issues that apply to trademarks apply to service marks.
The most important words in the definition of a trademark are “identifies and distinguishes” — your trademark should identify you or your company as the source of the goods or services, and distinguish those goods or services from those of others. The ability of a trademark to identify and distinguish goods
Before investing time, money and effort to start using a trademark, it is critical to see if your mark may conflict with the marks of others. These conflicts could lead to claims of trademark infringement, and to the refusal of the trademark office of the country in which the application is filed to issue a registration.
Registration is an important step in protecting trademark rights. Generally, a trademark registration creates a presumption that the registrant is the owner of the mark, that the mark is distinctive as applied to the registrant’s goods and/or services, and that the registrant has the exclusive right