a very artistic trademark could be protected by copyright as a work of art a mere word used as a trademark could not be copyrighted, however). Trademarks and copyrights only sometimes overlap with regard to the subject matter that they protect (e.g. This is why trademark holders are always concerned with infringers if the infringer is not stopped, there will be identically marked goods originating from different sources, and the protected status of the mark is jeopardized and can be lost. If this is true, the mark can be protected. The sine qua non of a trademark is that all goods with the same mark originate from the same source. Well, it's a little more complicated than that.
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