TRADEMARKS / TRADE MARKS

- BY THE AMERICAN LEGAL REVIEW, THE PREMIER ONLINE RESOURCE FOR LEGAL INFORMATION AND THE EVALUATION OF LEGAL PRODUCTS AND SERVICES

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.

Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention.

You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages:

- constructive notice to the public of the registrant's claim of ownership of the mark;

- a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;

- the ability to bring an action concerning the mark in federal court;

- the use of the U.S registration as a basis to obtain registration in foreign countries; and

-the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.


Below are some TRADEMARK products and services examined by the American Legal Review:

Trademark Your Business Name and avoid legal pitfalls! Registering your trademark is a crucial part of your business strategy. There are three steps to filing for a Trademark: Step 1: Conduct a Trademark Search Before you file a trademark application, find out if your name is available or if it may infringe on another name by using our comprehensive trademark search services. [Step 1: Trademark Search] Step 2: Begin the Trademark Application Process If our search finds no conflicts, have our experienced attorneys prepare your federal trademark or servicemark application. Our attorneys will then respond to trademark office objections and get your application successfully through the process. [Step 2: File a Trademark] Step 3: Monitor and Protect Your Valuable Trademark Once your registered mark is issued, our patented software will track renewal information and monitor the national trademark database for conflicts and infringers. [Step 3: Trademark Monitoring] TrademarkMyName.com consolidates these steps into one process managed by our experienced intellectual property attorneys. TrademarkMyName.com makes it easy, with a simple three step process. Get started today with your trademark application by using our Trademark Services Form.

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