Protecting trademarks

To be granted trademark protection, an applicant must demonstrate that the mark is actually used, and has been continuously used, in commerce. Remedies for infringement may include injunctive relief; monetary relief in the form of damages (lost profits), profits (gained by defendant in excess of lost profits) or statutory damages (trebled when appropriate); seizure and destruction of infringing material; criminal penalties; and legal costs.

If copyright is the law of authorship, trademark is the law of consumer marketing and advertising. In general, laws prohibit the imitation and unauthorized use of a trademark which is defined as "any word, name, symbol or device or any combination [used by a person] to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown. If the trademark is used to identify the source of the goods as well as the goods themselves, it is known more specifically as a service mark. The purpose of a trademark is to signify a single source of product and a certain level of quality to all consumers. Thus, trademarks, unlike other forms of intellectual property, are always connected to some commercial activity or item and have no function or independent existence apart from such goods or services.