15 U.S.C. §1127. Construction and definitions; intent of chapter (2006)
. . .
The term “trademark” includes any word, name, symbol, or device, or any combination thereof
1) used by a person, or
2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown