What is the difference between a trademark and 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.
How do you mark a name as a service?
If you wish to register a trademark or service mark, you can submit an application with the United States Patent and Trademark Office (USPTO). When your registration is approved, you may legally mark your product or service with the registered trademark symbol, ®. Using this symbol without registration is illegal.
Can you trademark a free service?
You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
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.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Do I need a trademark or service mark?
If your company sells an item or multiple items, you’d need to trademark the mark used to represent the business. If you have a company that provides a service, focus on the service mark. Using TM in your mark represents trademark and SM represents service mark. Neither holds any legal significance.
What does a service mark cover?
A service mark may consist of a word, phrase, symbol, design, or some combination of these elements. A form of intellectual property protection, the mark prevents competing businesses from using names and insignias that could potentially confuse consumers.
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.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
Is LegalZoom worth it for trademarks?
The LegalZoom trademark search and other trademark services may seem like appealing alternatives to hiring an attorney. But while LegalZoom may be cheaper in some cases, it can also be a complete waste of money in others. And it never provides the value that you get from working with a real attorney.
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.
How do I protect my trademark?
Protecting Your Trademarks
- Set the Stage. A good defensive game plan starts with the offense. …
- Register Everything Associated with Your Mark. …
- Register All of Your Social Handles. …
- Maintain Your Registration. …
- Monitor Your Marks. …
- Your Trademark Defense.
Can I trademark my name?
But a trademark can be a word, phrase, letter, number, sound, scent, logo, shape, packaging or picture. … “If you have a business or you are a brand in yourself such as an entertainer or sporting star, you may apply for a trademark on goods and services to protect your brand to protect them from similar businesses.