Trademark law

Federal law
The federal law of trademarks and service marks protects a commercial identity or brand used to identify a product or service to consumers. The Lanham Act prohibits the unauthorized use of a trademark, which is defined as "any word, name, symbol, or device" used by a person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods." By registering trademarks and service marks with the U.S. Patent and Trademark Office, the owner is granted the exclusive right to use the marks in commerce in the United States, and can exclude others from using the mark, or a comparable mark, in a way likely to cause confusion in the marketplace. A protected mark might be the name of the product itself, such as "Pfizer" or "L.L. Bean"; a distinguishing symbol, such as the Nike "swoosh" or the MGM lion; or a distinctive shape and color, such as the blue diamond shape of a Viagra tablet. Certain symbols like the Olympic rings also receive like protection.

Legal protections for trademarks and [service mark]]s not only help protect the goodwill and reputation of trademark owners, but also promote fair competition and the integrity of markets, and protect consumers by helping to ensure they receive accurate information about the origins of products and services.

Federal criminal law has long prohibited trafficking in goods or services that bear a counterfeit mark. In March 2006 the criminal trademark statute was amended to also prohibit trafficking in labels or packaging bearing a counterfeit mark, even when the label or packaging is unattached to the underlying good. Individuals convicted of Section 2320 offenses face up to 10 years' imprisonment and a $2,000,000 fine.===State law===