1 Gilson on Trademarks § 1.03

Summary

• [1] In General

  A term, symbol, object, or even sensation functions as a trademark and is accorded legal protection when it designates the source or origin of a product or service to distinguish that product or service from those of others, even if the consumer can’t name that source. In other words, a trademark allows consumers to identify that a particular good is put out by a certain producer, distinct from producers of the same or similar products, and makes it easier for consumers to choose the products and services they want. A trademark is a species of property that denotes a particular standard of quality embodied in the product or service, symbolizes the goodwill and reputation of its owner, and represents an advertising investment. Trademark law protects the public from confusion and deception.

  Though each of these functions may be slightly different, they are inextricably linked.1