A trademark is a device (such as a name, icon, insignia, symbol) which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.