Trademarks include any word, name, symbol or device, (or any combination of those) used in commerce to identify the source of goods. Federal trademark registrations are available from the Patent and Trademark Office for marks used in interstate or foreign commerce. Individual states may also register trademarks for protection within that state. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.
Of course, there are often specific exceptions to the above. If you have any questions or wish to discuss how this may impact your company, please contact an attorney at Wood Phillips.