What is the primary requirement for a trademark?

The primary requirement for a trademark is that it must be distinctive within its industry. A trademark serves to identify and distinguish the source of goods or services, helping consumers recognize and associate certain quality and characteristics with a particular brand. Distinctiveness ensures that the trademark is capable of identifying the applicant's goods and services from those of others, which is essential for preventing consumer confusion and safeguarding brand identity.

While trademarks can be registered with the federal government, registration is not a requirement for establishing trademark rights; common law rights can be obtained through use. Moreover, a trademark does not have to include a logo or symbol; it can also be a word or phrase. Therefore, the distinctiveness aspect is what primarily defines a trademark's eligibility and functionality in commerce.