Trademark and Servicemark Basics

A trademark or servicemark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identify and distinguish the source of goods or services. Clear identification of the source of the good or service via its trademark or servicemark is also referred to as brand recognition. Brand recognition is crucial to establishing your product or service in the market. Just think about the difference in brand perception when a coffee drinker sets eyes on a Starbucks® cup of coffee versus a cup of coffee from a local gas station.

Registering your trademark or servicemark with the United States Patent and Trademark Office (USPTO) is vital to establishing strong brand recognition and protection of your valuable good or service name, logo, etc. The benefits of trademark and servicemark registration include: (1) notice to the public of the registrant’s claim of ownership of the trademark; (2) the ability to bring an action regarding the trademark in federal court; (3) using the U.S. registration as a basis to obtain registration in foreign countries; and (4) the ability to file the U.S. registration with the U.S. Customs Service to prevent the importation of infringing foreign goods.

The ™ designation may be used anytime you claim rights in a mark, and may be posted after your mark while your trademark or servicemark registration application is being processed by the USPTO. However, the federal registration symbol ® may only be used after the USPTO officially registers the mark, and not while the application is pending.

-by Gloria Mason, Legal Assistant

We can prepare and file your trademark or servicemark registration application. Should you want to learn more about this post or our services, please visit www.DandridgeLaw.com or email ContactUs@DandridgeLaw.com for a FREE Initial Consultation.

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Labels: intellectual property, servicemark, servicemark application, servicemark registration, trademark, trademark application, trademark registration

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