The Importance of Trademarks in Business Trademark is essentially another word for brand or brand name. A trademark can be any name, word, symbol, slogan, or device that serves to both identify and distinguish a business or product from others in the market. Once you have trademarked your business, if someone else makes an attempt to use something similar enough to confuse customers, you have the right to legally protect yourself and stop the other party. Is Your Business Eligible For a Trademark? According to US Patent and Trademark rules, in order to be eligible for a trademark, a mark must be distinctive and in use in commerce. If you have a mark that does yet have commercial standing, you can still obtain a trademark by making a good faith argument in writing to use the symbol at some point in the future for commerce. There are four different categories of distinctiveness for trademarks including descriptive, suggestive, fanciful or arbitrary, and generic. ...