A trademark is a distinctive sign of some kind which is used or intended to be used by any person, business organization, or other legal entity to uniquely distinguish its goods or services from those of others. A trademark is eligible for registration if it is distinctive, as to words, letters, numbers, figures, colors, or other signs or any combination thereof.
There are two primary purposes behind trademark law. First, a trademark protects consumers and allows them to identify the source of the goods or services. Thus, a trademark prohibits the likelihood of consumer confusion. Without the identifying properties of a trademark, consumers would lack the ability to distinguish the products that they have preferred and purchased in the past from a competitor's products. Second, trademark law allows business owners to make investment into their business' goodwill without fear of others profiting from it.
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