Trademark law has two basic aspects: (a) protection of the public from confusion in the marketplace, and (b) protection of famous marks from loss of distinction and loss of reputation ("anti-dilution").
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Trademarks
Consumers may become confused when they see a trademark, used for particular goods or services that are similar to someone else's trademark, used for similar or related goods or services. If there is a "likelihood of confusion," this is trademark infringement.
If the mark is famous, the law also protects it against "blurring" or "tarnishment," regardless of whether it is used in a confusingly similar way. If there is a "likelihood of dilution," this is also trademark infringement.
Of all the mechanisms for intellectual property protection, copyright registration lends itself best to DIY, is minimally expensive, and least prone to error. So an attorney's role in assisting clients with copyright matters is typically in the area of Enforcement.
Trademarks may be registered, both federally and in each state. It is not necessary to register a trademark to have trademark rights under the law. However, registration provides a number of advantages.