What is a Trademark?
Legally, under United States law, a trademark
(or service mark) is defined as any word, name, symbol, or device,
or any combination thereof, which identifies and distinguishes the
goods (or services) provided in conjunction with the mark from the
goods (or services) of others. A mark also indicates the source of
goods (or services), even if the source is unknown to
consumers.
Grammatically, a mark is a proper adjective
(for example, Rolex) which modifies the generic product name (a
noun) (for example, wristwatch). A mark is not a noun—it is
not the generic name of the product or of the service. A mark must
not be used in a plural or possessive form, which would indicate
improper use as a noun. A proper adjective, like a proper noun, is
entitled to an initial capital letter. For example, "Rolex
brand wristwatch" is proper trademark use, while "a
Rolex" or "Rolexes" used without a generic term are
not. Similarly, a mark is not a verb. For
