What is a trademark?

• A. A Government grant giving exclusive rights to an invention.
• B. A Symbol, Word, or Device used to Identify and Distinguish Goods or Services in Commerce.
• C. A Domain Name used for Business.
• D. A License to Use Another's Brand.

Answer: (B)

A trademark is a symbol, word, or device used to identify and distinguish goods or services in commerce. Its purpose is to signal the source of a product or service to consumers and prevent confusion with other brands. In sports, team logos, names, and slogans function as trademarks to let fans know who stands behind the merchandise, broadcasts, and experiences, and to protect the team’s brand identity.

Trademarks can be protected by registration with the USPTO for nationwide rights, though protection can also arise from actual use in commerce even without registration. This is different from patents, which cover inventions, or copyrights, which cover original works of authorship. It’s also distinct from a domain name, which is a website address and may be used in branding but isn’t by itself a trademark. And it’s not a license, which is a permission to use someone else’s mark rather than the mark itself.

Examples in practice include the Nike swoosh, the Coca-Cola script, or the Olympic rings, each serving to designate origin and distinguish those products or events in the marketplace.