A trademark is a word, phrase, symbol, design, color, or a combination of all of those things that distinguishes the goods affixed with that mark from other goods that lack that mark. Sometimes these are called "service marks."

Familiar trademarks include the roar of the MGM lion or the distinctive shape of a Coca-Cola bottle.

Sometimes the word "trademark" is used to describe easily recognized attributes of a person, such as "Elvis Presley's trademark pompadour." Such items are not protected under trademark law.

While trademarks do not have to be registered, registration does have benefits, such as having the mark listed in the USPTO's online databases and having public notice that you own the mark. You also maintain the legal right to bring trademark infringement lawsuits to court, are able to obtain registration for the mark in foreign countries, and the exclusive right to use the mark nationwide in connection with goods and services.

What can be trademarked? Many things. For example, names can be trademarked, such as the name of a company or the name of the product they offer. For example, Microsoft has both their name and the name of their primary product, Windows, trademarked, as well as the titles of their other software titles.

If domain names are used for commerce, then you can trademark the domain name. However, you must use the domain name for selling items; you cannot own the domain with the intent to use the domain in the future. You can also trademark images and symbols. For example, the well-known "Gerber Baby" on jars of Gerber baby food is a registered trademark.

The logo of many corporations are trademarked, as are the slogans and phrases they use to entice business. The Owens Corning Corporation holds a trademark on the color pink, commonly used in their fiberglass insulation. They licensed the use of the character Pink Panther to advertise it.

The various slogans used by Coca-Cola, such as "It's the real thing" among others have been trademarked. McDonald's slogan, "I'm lovin' it" is similarly trademarked. Corporations may have more than one trademarked slogan or phrase in use at a time and may use them for as long as they wish, as long as they keep the registration current.

The design of a product and the packaging (trade dress) can also be trademarked. For example, Apple Inc. trademarked not only the way in which their iPods and other products are packaged, but also the typical look of an Apple Store.

There are also examples of sounds and smells being trademarked. These are known as unconventional marks and are generally harder to apply for and become registered. Previously mentioned was the roar of the lion MGM uses, but there's also the chimes NBC uses, and the fanfare 20^th Century Fox uses in its films. While perfume smells have received trademark protection in other parts of the world, they have not caught on in the United States and as such there have been no, or very few, smell-related trademarks granted by the USPTO.

Trademarks do not have to be registered with the United States Patent and Trademark Office and there are certain symbols the go along with registered and unregistered trademarks. Unregistered trademarks can use the TM or SM marking on the product, while registered trademarks are the only items that are allowed to use the ® symbol.

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