Questions & Answers About Trademarks

• Why should I register my trademark?
• What is the difference between a trademark, servicemark, and tradename?
• What is a Notice of Trademark Registration?
• What is a Service Mark?
• What is a Trade Name?
• What is Trademark Length?
• What is a Trademark?
• What is the U.S. Patent and Trademark Office?

Why should I register my trademark?

• A federally registered mark is presumed valid.
• Also, when you have a federally registered mark on the Principal Register, everyone in the country is considered by law to know about your use of the mark. Therefore, if someone in a distant state uses your mark on a product similar to yours, that person cannot defend against your infringement suit by saying that he or she did not know about you.

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What is the difference between a trademark, servicemark, and tradename?

What is a Trademark?

• Any word, logo, name, symbol, or device that is used in trade with goods to indicate the source or origin of the goods and distinguishes the goods from others.
• You can register a trademark with the Patent and Trademark Office.

An example of a trademark is "Coke®".

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What is a Servicemark?

• Any word, logo, name, symbol, or device that is used in trade with services to indicate the source or origin of the services and distinguishes the services from others.
• You can register a servicemark with the Patent and Trademark Office.
• An example of a servicemark is "Fair & Balanced®" which is a used to promote Fox News.

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What is a Tradename

• A Tradename is the business name of the person or organization making and/or selling a particular good or service. Tradenames are typically registered by the state in which the person or company is based and typically cannot be registered with the Patents and Trademark Office.
• An example of a tradename is "General Motors"

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What is a Notice of Trademark Registration?

A trademark or service mark registered with the U.S. Patent and Trademark Office may be used with an "R" enclosed within a circle (®) or "Reg. U.S. Pat. Off." to provide notice that the mark is officially registered. If a mark is registered and notice is provided, an owner of a mark may collect increased damages from an infringer. If a mark is not registered with the U.S. Patent and Trademark Office, a "TM" may be used to provide notice but many benefits afforded to owners of registered marks, such as increased damages, will not apply.

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What is a Service Mark?

A word, phrase, logo, graphic design, or other distinguishing aspect, which is not purely functional, that manufacturers and merchants use to differentiate their services from others. (Compare to Trademark.)

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What is Trademark Length?

The duration of a trademark registration with the U.S. Patent and Trademark Office is unlimited provided that the mark is continually used.

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What is a Trademark?

A word, phrase, logo, graphic design, or other distinguishing aspect, which is not purely functional, that manufacturers and merchants use to differentiate their products from others. Trademarks can also includes distinctive shapes, sounds, colors, or even smells. (Compare to Service Mark.)

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What is the U.S. Patent and Trademark Office?

An organization within the U.S. Department of Commerce charged with overseeing and implementing certain federal laws relating to patents and trademarks.

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