Protectability of a Trademark Law and Legal Definition

A trademark can be registered by the U.S. Patent and Trademark Office (USPTO) and protected in the courts. However, the trademarks should consist of elements such as:

1) is not being used by someone else,

2) is not forbidden,

3) is distinctive, and

4) is being used in commerce to allow consumers to identify one brand, and distinguish it from others.

If a mark is not distinctive, it can still be registered on the Supplemental Register. However, it will not receive protection in the courts. It will also not receive the many benefits of a being on the Principal Register.