A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.
A trademark does not need to be registered for the owner to prevent others from using a trademark or from using a confusingly similar mark. … A trademark can be federally registered if it is used in interstate commerce.
A trademark may be designated by the following symbols: ™ (the “trademark symbol”, which is the letters “TM” in superscript, for an unregistered trademark, a mark used to promote or brand goods) ℠ (which is the letters “SM” in superscript, for an unregistered service mark, a mark used to promote or brand services).
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