Trademarks and Servicemarks

What Is a Trademark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbol or designs, that identifies and distinguishes the source of the goods of one party from those of others.

Examples of Trademarks

Here is a example of some trademark basics that exist. This list is not all inclusive but shows the majority of different trademark registrations;

• Trademark brand name(s);
• Trademark business name(s);
• Trademark logo(s);
• Trademark slogan(s);
• Trademark domain name(s);
• Trademark product(s).

What Is a Servicemark?

A servicemark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.

Why Get a Trademark?

Registration of a mark is not required but in order to establish full rights in a mark based on legitimate use of the mark, a federal trademark registration that is on the Federal Register provides several advantages;

• constructive notice to the public of the registrant's claim of ownership of the mark;
• a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nation wide on or in connection with the goods and services listed in the registration;
• the ability to bring an action concerning the mark in federal court;
• the use of the U.S. Registration as a base to obtain registration in foreign countries; and
• the ability to file the U.S. Registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

In order to use trademark symbols ™ (trademark), ℠ (servicemark), and ® (registered trademark)... Any time you claim rights in a mark, you may use the ™ or ℠ designated to alert the public to your claim, regardless of whether you have filed an application with the government office. However, you may use the federal registration symbol ® ONLY after the trademark government office actually registered a mark, and not while the application is pending and you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

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