Is a trademark the same as a service mark?
The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services. A trademark: Identifies the source of your goods or services.
Are service marks and trademarks protected in same way?
It is widely recognized that there is a need for protection of service marks as there is for trademarks, and modern trademark laws give protection to the marks for services in the same way as to the marks that identify goods.
Is a service mark inferior to a trademark?
Trademarks and service marks are easily confused, but trademarks apply only to word, name, symbol, device, or any combination of these affixed to a product, according to the U.S. PTO. Service marks are only used for advertising and promotion.
Can you trademark a name and logo together?
Keeping your logo and business name separate allows you to use either property on its own. … Federal trademark registration for your business name and logo together requires you to use them together at all times to have legal protection under federal law.
Do I really need to trademark my logo?
Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.
What are examples of trademark?
Types of trademarks include:
- Brand names like Apple, McDonald’s, and Dolce & Gabbana.
- Product names like iPod and Big Mac.
- Company logos like the golden arches at McDonald’s and NBC’s peacock logo.
- Slogans like Capital One’s “What’s in your wallet?” and McDonald’s “I’m lovin’ it”
What qualifies as trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What is trademark mark?
Similar to a trademark, a service mark identifies and distinguishes the source of a service rather than a product, and the term trademark is often used to refer to both trademarks and service marks. … By using this symbol, the trademark user indicates they are using common law to protect their interests.
Who does a trademark protect?
A trademark or service mark promotes and protects your brand name, while a registered and protected domain name provides you protection against any unauthorized use of your domain name by any person or entity.
Do sole traders need a trademark?
If your business operates as a sole trader, the trademark must be applied for in the business owner’s name. There are 2 methods you can use to apply which we will discuss and some other considerations. For a recap on how to register a trademark check out this infographic.
Is a slogan a service mark?
What is a Service Mark? A service mark is the same type of device as a trademark, but service marks distinguish the services of one company from those of another provider. Service marks are often slogans.
Can a service be trademarked?
To register a trademark or service mark, one has to file an application with the United States Patent and Trademark Office (USPTO). A “service” is something intangible provided for the benefit of another party. … When federally registered, a service mark carries the standard registration symbol ®.