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 protected?
A “service mark” is a type of trademark protected and regulated under the Lanham Act. Service marks are used to identify and distinguish the services of one individual or organization, even a unique service, from those provided by others.
Are service marks and trademarks protected in the same way?
A service mark offers the same type of protection as a trademark , except that rather than identifying the source of goods, a service mark identifies a business that provides a service or services rather than goods.
How are trademarks and service marks protected under the law?
A service mark can carry the standard registered symbol ® if federally registered, while SM is used prior to registration. Service marks help prevent the theft of intellectual property under the law and can award the owner of the mark with monetary damages if their mark has been infringed upon.
Are service marks and trademarks protected in the same way WIPO?
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.
Do I really need to trademark my logo?
Anyone whose logo identifies a business or profession should seriously consider trademark protection . Once you establish your trademark, the legal mark lasts forever. Just make sure to keep up with registration renewals at the five and ten year marks.
Do I need a service mark or trademark?
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.
How do you protect a service mark?
Registration with the United States Patent and Trademark Office (USPTO) gives you nationwide service mark protection, creates a public record of your mark, allows you to sue in federal court for trademark infringement, and can make it easier to obtain trademark protection in another country.
Is a registered service mark?
A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or “Reg U.S. Pat & TM Off” may be used (the same symbol is used to mark registered trademarks).
What is service mark infringement?
Service mark infringement is the act of using another entity’s service mark to profit from it . Similar to trademarks, service marks identify a service instead of a product. ... Advantages of having registered service marks or trademarks include the following: Entities may use the “®” symbol to identify their service.
What is a benefit of registering a trademark?
Registration provides nationwide priority over all others who might seek to adopt the registered mark. Registration significantly reduces the costs of enforcing trademark rights. Registration provides for enhanced protection against counterfeiters, cybersquatters, and importers of infringing product.
Do trademarks expire?
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.
Which of the following is not protected by trademark laws?
Logos, pseudonyms, and trade dress are all protected by trademark laws. However, book titles are rarely protected under trademark law because of judicial reluctance to protect titles that are used only once.
How difficult is it to get a trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes , without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
What are examples of trademark?
- Coca-Cola®
- Under Armour®
- Twitter®
- It’s finger lickin’ good! ®
- Just do it®
- America runs on Dunkin’®
Who can sue for infringement of trademark?
A registered user of a trade mark is the only entity which is recognised as having a right to institute lawsuits for infringement. Subject to an agreement with the registered proprietor, a registered user can institute a lawsuit in its own name (section 52, Trade Marks Act).
