Trademark
Trademark: A word, name, symbol, device or combination of them that a person uses, or intends to use in commerce, to identify and distinguish his or her goods from those made or sold by others and to indicate their source (15 U.S.C. § 1127). A mark for services is called a service mark. Rights in a trademark come from using it in commerce; federal registration with the U.S. Patent and Trademark Office adds nationwide notice and legal advantages. Only a federally registered mark may use the ® symbol (15 U.S.C. § 1111). The ™ symbol may be used with any claimed mark, registered or not. A trademark identifies the source of goods or services sold in commerce; it does not create ownership of a personal name or a legal status.
What trademark means
Put simply, trademark is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.
Where trademark comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
Read the source: Common law trademark.
How to research the term
To research trademark, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.
You can read the current federal court rules online for free.
Related legal terms
- Threats: statements of intent to cause harm.
- Time-barred debt: a debt for which the statute of limitations has expired. Under Regulation F, 12 C.F.R. § 1006.26(b), a debt collector must not sue or threaten to sue to collect a time-barred debt.
- Title: has several meanings.
- Tort: a civil wrong, other than a breach of contract, that causes harm and for which the law allows a lawsuit for damages. Negligence, defamation and trespass are examples.
Why precise terms matter
Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.