United States Patent and Trademark states...

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 Act, 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.