WHAT IS A TRADEMARK?
© 1994,1995,1996,1997,1998,1999,2000,2001,2002,2003,2004,2005,2006,2007,2008,2009,2010 Bruce E. Burdick, JD
If you have questions contact us at firstname.lastname@example.org
Go to burdlaw.com Inventor Information Page
Back to burdlaw.com Home page
What is a trademark?
A trademark includes 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. For example COCA-COLA soft drinks, FORD cars and trucks, APPLE computers, EXXON gasoline, MICROSOFT software, SONY televisions, NIKE shoes, etc. Trademarks are recognized as perhaps the world's most valuable business assets, some being worth hundreds of billions of dollars, and are often the most recognized thing about a business. They help customers shop more quickly and reliably to get products they come to know and want and avoid those they do not want.
What is a service mark?
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. In short, a service mark is a brand name for service rather than manufactured goods. For example HERTZ for car rental services, BON JOVI for musical performance services, GOOGLE for internet search services, WAL-MART for retail store services, etc. Service-marks can be also be worth billions of dollars to a business, as they carry with them the reputation and goodwill that attract customers to the business.
What is a certification mark?
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. For example, UNDERWRITERS LABORATORIES and UL for electrical safety certification,
What is a collective mark?
A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization. For example: SHRINERS, AFL-CIO, KIWANIS,etc.
How do you get a trademark registration?
The first time, you should hire a trademark attorney to do this for you and observe what he or she does. The second time, you might try filing yourself, hiring the trademark attorney just to review your application before you actually file it. The third and subsequent time you might try filing by yourself, using guidance of the United States Patent and Trademark Office in their video. WATCH VIDEO and hire a trademark attorney only if you run into trouble or someone later infringes your mark.