General speaking, trademarks perform four functions that are deserving of protection in the courts:

1. To identify one seller’s goods and distinguish them from goods sold by others;

2. To signify that all goods bearing the trademark come from or are controlled by a single, albeit anonymous, source;

3. To signify that all goods bearing the trademark are of an equal level of quality; and

4. As a prime instrument in advertising and selling the goods.

In addition to these four functions, it must also be kept in mind that a trademark is also the objective symbol of the good will that a business has built up. Without the identification function performed by trademarks, buyers would have no way of returning to buy products that they have used and liked. If this consumer satisfaction and preference is labeled “good will,” then a trademark finds its value in allow customers to develop affinity to a particular good or service and recognize this preference in the form of a positive feedback loop (i.e., increased and repeated purchases. That being the case, it is really the good will that is represented in the trademark that is valuable. In order to tap into this positive feeling a recognizable trademark must exist, but the key ingredient is having a product or service that customers like.

For information about registering a trademark please read How to Register a Trademark in the US.

If you would like to file a trademark application with some help, but without actually incuring the expense of hiring an attorney, you may want to try LegalZoom.com’s trademark service. In addition to providing individuals the opportunity to prepare and file their own trademark applications, Legal Zoom also provides comprehensive trademark searches as well. For what it is worth, for several years I have had a working relationship with Legal Zoom with respect to provisional patent applications. I know them to be a good company, and they offer a 100% satisfaction guarantee.