The Function of a Trademark

 
Trademarks serve two functions:  (1) they indicate the source of a product or service; and, (2) they distinguish the product or service from other products and services.
 

The words, "Saks 5th Avenue", for example, are associated with stores offering expensive, designer clothes and accessories.  The word, "Target", on the other hand, is associated with certain other stores offering less expensive, more casual clothes and accessories. 

 

Note:  trademark law is statutory law.  The relevant federal statute is 15 U. S. C. §1051 – §1141.

 

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