A:
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A trademark is a word, name, symbol, or device that is used in trade with goods
to indicate the source of the goods and to distinguish them from the goods of
others. A servicemark is the same as a trademark except that it identifies and
distinguishes the source of a service rather than a product. The terms
“trademark” and “mark” are commonly used to refer to both trademarks and
servicemarks.
Trademark rights may be used to prevent others from using a confusingly
similar mark, but not to prevent others from making the same goods or from
selling the same goods or services under a clearly different mark. Trademarks
which are used in interstate or foreign commerce may be registered with the
USPTO.
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