A trademark is a legal right obtained by registration - that is, it is a registered right. Accordingly, an application for a trademark must be made to the government.
They will review the application on two main grounds. 1. That it is not too descriptive 2. That is it not too similar to prior registered trademarks.
Trademarks are on a country basis and so an application must be made to the country in which you would like to protect your trademark, which is generally the country or countries where you sell you goods or services.
