Trademark Definition

A trademark is a word, phrase, logo, or combination of the above, to identify the goods or services of one business from those of another. 

Confusingly Similar

More than one business can have the same trademark as long as their products or services are different enough, so as not to be confused with  trademarks of other businesses.  For example, the following are all registered trademarks through the United States Patent and Trademark Office:

• "Big Mac" hamburgers by McDonald's Corporation
• "Big Mac" fishing lures by Storm Manufacturing Company
• "Big Mac" shoes by J.C. Pennys Company

Use of "TM" versus ®

Without any registration, the letters "TM" may be used alongside the name of your product (or "SM" for service) to inform the public of being distinguished as your trademark.

• State registration -  You may choose to register through the Iowa Secretary of States Office for trademark protection in Iowa. 
• Federal registration -   If you intend to sell your product or service in more than one state, you may register through the United States Patent and Trademark Office in Alexandria, Virginia for national protection.  National protection allows you to use the symbol ®.

Trade Name

A trade name is a word or words used to name a business or company. You may register business names through the County Recorder's Office in the location of your business headquarters.