What is a Trademark?

A trademark is any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.

Some people confuse patents, copyrights, and trademarks. Although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.

Reduces Personal Liability:
Incorporating helps separate an individual's identity from that of his or her business. Insurance may still be necessary, but incorporation contributes an added layer of protection.

What is the difference between a service mark and a trademark?
A service mark is used in connection with services, while a trademark is used in connection with tangible goods. The general terms "mark" or "trademark" may be used to describe both trademarks and service marks.

Do I need to register my trademark?
No. It is not required that you register your trademark or service mark in order to establish ownership rights. Registration of the trademark creates a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark in the state commerce in connection with the goods or services described in the application.

Do you need to be a corporation to obtain a trademark?
No. The trademark applicant is the person who owns the mark. Normally, this is the person who produces the goods or who renders the services associated with the mark and who controls the use of the mark. That person can be an individual sole proprietor, a general partnership, a limited partnership, joint venture, corporation, Limited Liability Company, unincorporated nonprofit association or other legal entity.

What is the duration of registration?
In Most States Trademark renewals are done every Ten (10) years.

Can a trademark or service mark be reserved before using it?
No. A mark must be in use prior to filing with the State.

What is the difference between a trade name and a trademark?
A tradename (also know as an assumed name or "doing business as") is the name an owner uses to identify his or her business. A trademark is used to identify the goods and products that an individual or business offers to the public.

Benefits of Registering a Trademark

There are numerous benefits to registering a trademark and utilizing the trademark services of a lawyer. Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone infringe upon the trademark. Using a trademark lawyer increases the likelihood of receiving all of the benefits discussed below.

• Registering a trademark provides greater Protection.
• Registering a trademark deters others from using your trademark.
• Registering a trademark provides the trademark owner with greater remedies.

When can an application for registration of a trade mark be made?
An application for trade mark may be filed at any time immaterial of the fact whether the trade mark has been used, being used or proposed to be used.

Who should file trade mark applications?
Any person who is the owner of trade mark using the trade mark or proposes to use the trade mark may apply for registration. The owner may be an individual, partnership, company or organization.

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