What is a trademark?

As described in the Lanham Act Section 45, the body of law from which trademarks gain their protection, the term "trademark" includes any word, name, symbol, or device, or any combination thereof-

(1) used by a person, or

(2) which person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown.  Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.

Key phrases:  

-Word, name, symbol, device or any combination thereof

-USED

-to identify and distinguish.

What should you take from this?  The hallmark of trademark law is use.  The purpose of trademark law is the protection of consumers.  They want to know that the goods they are purchasing are the same goods that have earned a positive reputation and are thus known by the mark.