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a trademark protects a good or service offered by a company from infringement or damage of reputation by another company with a trademark you have legal recourse to sue another company that uses your likeness to further their own business ventures this includes both registered and unregistered trademarks even if you happen to trademark your symbol through the US Patent and Trademark Office its still protected this is referred to as common law trademark even if you havent registered a trademark you can still use the TM logo to show you have a stake to the trademark although trademark protection by use gives you protection by a common law trademark by registration offers more protection this includes notice to the public about the trademark the exclusive right to use the trademark nationwide to distribute goods and services although used interchangeably under false pretences a trade name is simply a business name the trademark goes beyond that to identify a particular companys brand n