This is the first in a series of introductory articles on the topic of trademark law.
From the moment we awake to the moment we go to sleep, the average U.S. consumer comes into contact with more than 200 trademarks. Think back to your first moments after awakening this morning. Did you hit the snooze button on your Sony® alarm clock radio and then lie back down on your soft Wamsutta® sheets? Did you brush your teeth with an Oral B® toothbrush and Crest® toothpaste, shower with Dove® soap and wash your hair with Prell® shampoo?
Strictly speaking, a trademark is defined as any word, name, symbol, design, device, logo, slogan, or any combination thereof, used by a business to identify and distinguish its goods from the goods of others, while a service mark is used to identify and distinguish its services. For the sake of simplicity, the terms trademark and mark are commonly used to refer to both trademarks and service marks.
