Trademarks Overview:
A trademark is any word, name, symbol or device, or any combination thereof, that identifies and distinguishes the source of the goods and/or services of one party from those of others. A distinctive trademark is a valuable asset, as it allows a business to build public goodwill and brand reputation in the goods and/or services it sells.

How are Trademark Rights Acquired?  
Trademark rights arise out of the use and/or registration of a mark in connection with specific goods or services. It is important to note that trademark rights are territorial. Thus, the use or registration of a mark in the U.S. does not provide trademark rights in any other country. In the U.S., trademark rights may be established either through use of the mark in commerce or through registration of the mark. A federal trademark registration confers a bundle of rights upon the owner, including the right to sue others for federal trademark infringement, the right to seek increased statutory damages, and the right to use the U.S. Customs Service to prevent the importation of infringing goods. It is advisable to choose a name that is distinctive when compared to the associated goods or services. If the mark is merely descriptive of the goods or services, it may be denied registration. The registrability of a mark can be seen as a continuum which includes the following categories: "fanciful or inherently distinctive," which is an invented mark that had no meaning before it was adopted; "arbitrary," which is usually a common word used in a manner unrelated to its dictionary meaning; "suggestive," which is a mark that tends to indicate the nature or quality of the associated products, but requires some imagination on the part of the consumer to identify that quality; "descriptive," which is a mark that merely describes the associated goods; and "generic," which is a mark that is the common name for the class of associated goods.

What Steps Must Be Taken to Register a Trademark?
Once a name has been decided upon, the first step is to conduct trademark availability searches in the countries in which the mark will be used. An initial screening search is usually performed to eliminate a proposed mark that directly conflicts with an existing mark. If the mark passes the screening test, then it is usually advisable to conduct full searches in all relevant jurisdictions. An Attorney should analyze the results of these searches to determine whether the proposed mark is confusingly similar to any existing marks that are associated with similar goods or services. If the attorney clears the mark based on the results of the availability searches, the next step is to register the mark in all countries of interest. Depending on the countries involved and the amount of follow-up required with the relevant trademark offices, a registration may issue anywhere from nine months to three years after the application is filed. In the U.S., the average wait time is around eighteen months. It is important to note that even though a mark was cleared through the searching process, it still may be denied registration if the Trademark Office determines that the mark is confusingly similar to an existing registration, or if there is some other deficiency in the mark.

International Trademark Issues.
The trademark registration and enforcement rules vary from country to country. For example, there are some countries in which registration is mandatory in order to acquire rights in a mark. China is a prominent example of a 'registration-based' jurisdiction. As trademark rights are territorial, a trademark application should be filed in each country in which the mark will be used. However, one notable exception to this rule is the ability to file a uniform application in the European Union. Under the Community Trademark (CTM) system, a single trademark registration provides protection in all EU member states. It is important to note that this system coexists with the individual member states' trademark systems. Thus, an applicant may choose to seek protection in the EU as a whole and/or in the individual EU member states.