Trademark
Trademarks
For help with filing your trademark
TEAM Legal Documents Trademark Services
A trademark is the one of the most important business assets you’ll ever own. It’s your name, your logo, or any other symbol that distinguishes your company or products in the marketplace.
Registering your trademark prevents others from using your business identity to market their own products, which can confuse your customers and damage your brand. We can help you register your trademark quickly and inexpensively.
A trademark is anything that is used, or intended to be used, to identify the goods of one manufacturer from the goods of others. It is a brand name. Trademarks are important business tools because they allow companies to establish their product’s reputation without having to worry that an inferior product will diminish their reputation or profit by deceiving the consumer. Trademarks include words, names, symbols and logos. Anything that distinctly identifies your company can be a trademark, provided that it is for goods.
A service mark is very similar to a trademark, except that it is used to distinguish services in the stream of commerce. Like a trademark, a service mark can include words, names, symbols and logos. Typically, trademarks appear on the actual product or its packaging. Service marks appear mostly in advertising for the services. In this education center, when we use the term “trademark,” we generally mean both trademarks and service marks.
Many people assume they can protect their trademark simply by using the mark in commerce. It is true that you are not required to register a trademark to achieve some level of protection and that one establishes common law rights simply by using a mark in commerce.
However, having a federally registered trademark on the USPTO’s principal register provides several advantages:Serves as constructive notice to the public of the registrant’s ownership of the trademark
Establishes a legal presumption of your ownership of the mark and your exclusive right to use the trademark nationwide on or in connection with the goods and/or services listed in the registrationAllows the registrant to bring an action concerning the trademark in federal courtU.S registration can be used as a basis to obtain registration in foreign countriesCan be filed with U.S. Customs to prevent the importation of infringing foreign goods
Federal registration also allows you to use the (R) (the “Circle-R”) symbol. Any time you claim rights in a trademark, you may use the TM (trademark) or SM (service mark) symbol to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you can only use the federal registration symbol (R) after the USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the (R) symbol on or in connection with the goods and/or services listed in the federal trademark registration.
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