Trademark and the general concept of “intellectual property” has become common across the Internet. Simply put, a trademark is the protection of a logo, a word, or a series of words generally related to some form of business or commerce.
Many people do not realize that the trademark of actual words, i.e. the literal series and spelling of words, is different than the trademark of a logo that encompasses those words with different colors, different fonts, different sizes or certain images.
The chance of receiving a trademark for a logo to is much higher than the chance of receiving a trademark on a word or series of words. Unless the word(s) is something newly created, or is a strange combination that is truly unique, the party seeking a trademark for a logo will have more success.
Generally, the first step in obtaining a trademark is to do a trademark search to see if a conflict already exist. If no such conflict exists, a party can then apply for the trademark through the trademark office in Washington, D.C. The application for a trademark is a long and very detailed process, but with the assistance of a knowledgeable attorney, the process can be streamlined and cost effective.
Once a trademark has been establish the owner of that trademark will have exclusive rights to that logo or word(s) or series of words. If the owner of that trademark then finds another web site or competitor using a logo or words that can be reasonably construed to cause confusion, the trademark holder may have a claim for infringement and may seek damages.