What is the definition of a trademark?

A trademark is defined as a symbol, word, or phrase that identifies and distinguishes the source of goods or services of one party from those of others. The primary function of a trademark is to indicate the origin of the goods or services, helping consumers recognize the branding behind products and make informed purchasing decisions. This identification ensures that consumers are not misled about the source of a product and can have confidence in the quality and characteristics associated with that trademark.

The focus on the source of goods or services is crucial, as it sets a trademark apart from other terms related to business or intellectual property. For instance, a marketing term or a private company’s policy does not inherently provide the legal protections and consumer recognition associated with a trademark. Similarly, an exclusive license pertains to the permission granted by a trademark owner to others to use the mark but does not capture the essence of what a trademark is fundamentally designed to do.