Any mark (whether a trademark or a service mark) identifies the source of a good or service. This has benefits for both companies and consumers.
For companies, this allows them to protect the use of that word in association with the sale of a particular good or service. For example, If I were to open a hamburger stand tomorrow and sell my hamburgers under the name BURGER KING, I would be violating the trademark of Burger King corporation. Burger King would be able to get an order from a court stopping me from selling hamburgers under the name BURGER KING. Burger King would probably also to be able to get damages for my infringement.
Because they can protect a word or design, companies thus invest money and time into developing brands and goodwill. Trademark law protects the values of these things. And we as consumers benefit because we can know that if we buy a product with a trademark on it, it is backed by the reputation of that company. For example, when I buy a Burger King hamburger, I as a consumer know that I am getting a hamburger backed by the quality and goodwill I have toward that company, and not some other burger.
Oh, and If a company is using the TM instead of the ®, this means that they have not obtained a federal registration for that trademark.
Edited for correction. Thank you I forgot about that part of the Lanham Act.
@Ron's answer is great, up until the last sentence.
Unregistered trademarks (often shown with TM, or sm for service marks) CAN be enforced in federal courts as well as state courts. 15 USC § 1125 - False designations of origin, false descriptions, and dilution forbidden.
Answers & Comments
Verified answer
Any mark (whether a trademark or a service mark) identifies the source of a good or service. This has benefits for both companies and consumers.
For companies, this allows them to protect the use of that word in association with the sale of a particular good or service. For example, If I were to open a hamburger stand tomorrow and sell my hamburgers under the name BURGER KING, I would be violating the trademark of Burger King corporation. Burger King would be able to get an order from a court stopping me from selling hamburgers under the name BURGER KING. Burger King would probably also to be able to get damages for my infringement.
Because they can protect a word or design, companies thus invest money and time into developing brands and goodwill. Trademark law protects the values of these things. And we as consumers benefit because we can know that if we buy a product with a trademark on it, it is backed by the reputation of that company. For example, when I buy a Burger King hamburger, I as a consumer know that I am getting a hamburger backed by the quality and goodwill I have toward that company, and not some other burger.
Oh, and If a company is using the TM instead of the ®, this means that they have not obtained a federal registration for that trademark.
Edited for correction. Thank you I forgot about that part of the Lanham Act.
@Ron's answer is great, up until the last sentence.
Unregistered trademarks (often shown with TM, or sm for service marks) CAN be enforced in federal courts as well as state courts. 15 USC § 1125 - False designations of origin, false descriptions, and dilution forbidden.
i thimk it checks trading work of companies