Trademarks allow customers to identify the source of products. When applied to services, a mark is referred to as a "service mark." Trademark law prohibits competitors from using marks that confuse the public about the source of a product or service. Trademarks and service marks are the two most common types of marks.

A trademark is a word, symbol, device or any combination thereof, which is used to distinguish the products of one person from the products of another person, and to indicate the source of the products. For example, a Coke® is not a Pepsi®. A service mark is a word, symbol, device, or any combination thereof, which is used to distinguish the services of one person from the services of another person, and to indicate the source of the services. A McDonald's® is not a Burger King®.

To be federally registrable, the trademark or service mark cannot be generic or the common descriptive name of the product or service that it is to identify and must be used in interstate commerce (across state lines). The typical steps taken to register a trademark are as follows:

1. Trademark availability search.
2. Trademark application.
3. Trademark publication for opposition by third parties.
4. Allowance of trademark application.
5. Trademark registration issues.
6. Periodic use affirmations.