Trademark Law

What is a trademark?

A trademark is a word, name, symbol, or device that is used  to indicate the source of the goods and distinguishes them from the goods of others. A servicemark identifies and distinguishes the source of a service rather than a source of goods. The term "trademark" and "mark" are commonly used to identify both trademarks and servicemarks.

Do I need a trademark?

Trademark rights may be used to prevent others from using a similar mark that may be confusing for consumers. Trademark rights do not prevent others from making the same goods or providing the same services under a different mark. If you are offering goods or services across state lines (interstate commerce) or internationally (foreign commerce) then you may qualify for federal protection from the United States Patent and Trademark Office. 

How do I get a trademark?

In order to qualify for federal protection, your trademark must be registered with the federal government. This includes filing a registration application with the appropriate filing fee, the desired trademark, and the classification of the mark (not just as a service mark or trade mark, but which classification of goods or services it falls under according to the USPTO guidelines). Additionally, searches should be performed before filing the application to make sure your desired trademark is available for registration and that you would not be infringing someone else's mark. Call Hurchalla Law today to discuss more about the application process and let Hurchalla Law get started on your application today! 

                                 Credit: Edgeworks Limited

                                 Credit: Edgeworks Limited

Outside links for more information

United States Patent and Trademark Office

Trademark FAQs

Nuts and Bolts of Trademarks


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