Trademark & Service Mark - Intellectual Property Law
Many people have asked me questions regarding trademark law. So, I gathered some of the most frequently asked questions that I have received and answered them below. Hope this is helpful.
If you have more questions, contact me: firstname.lastname@example.org
DISCLAIMER: This is NOT legal advice and is intended for informational use only.
What is a trademark?
A trademark mark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
What is a service mark?
A service mark is the same as a trademark with one distinction – it’s a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.
What can be trademarked?
Any “mark” that is used to distinguish your goods from the goods of another can be trademarked marked. That means, business names, logos, and slogans, can all be trademarked.
Who should apply for a trademark?
That’s simple. Anyone interested in distinguishing his/her goods from those of another. The underlying idea behind a trademark is to allow consumers to identify the origin of a good. For example, Starbucks® coffee v. Dunkin Donuts® coffee; Nike® shoes v. Fila® shoes. So, if you want to distinguish your goods from those of your competitors, you should consider applying for a trademark registration.
What’s the difference between “TM” and ®?
TM = Trademark symbol for an unregistered mark. You can use this symbol until the USPTO issues a registration number for your mark.
® = Trademark symbol for a registered mark. You can start using this symbol after the USPTO approves your mark and issues a registration number.
How long does it take to register a trademark?
The answer to that is, it depends. There are many factors which can affect the length of the trademark registration process. The total time for an application to be processed by the United States Patent and Trademark Office (USPTO) may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. Therefore, the sooner you submit an application, the sooner your mark should be registered.
Want to get started on your trademark application? Contact Ankhi-Krol Law today!
This firm handles Federal Trademark and Copyright matters for clients in ALL states, not just in New York and New Jersey.
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