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

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

A trademark generally protects brand names and logos employed on goods and services. One may establish right to use a trademark based on use of the mark in commerce. Thus formal registration is not required but is encouraged to protect a trademark.

Registering a trademark on the Principal Register provides several advantages:

(a) Public notice as to claim of ownership;
(b) Legal presumption of ownership;
(c) Ability to bring an action;
(d) Use of the registration as a basis to obtain registration in foreign courts;
(e) Ability to record the registration with U.S. Customs and Border Protection Service to prevent importation of infringing goods;
(f) Right to use the federal registration symbol;
(g) Official listing of the mark in the United States Patent and Trademark Office’s online databases.

A claimant may use a “TM” (trademark) or “SM” *service mark” as an alert to the public as to superiority of use in the mark. The United States Patent and Trademark Office reviews trademark applications and determines whether the applied for mark meets the requirements of registration.

If you are considering trademarking please contact our office for a free consultation.