What is a trademark?
A trademark includes any word, name, symbol, or device or any combination used or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others and to indicate the source of the goods. In short, a trademark is a brand name.
What is a service mark?
A service mark is any word, name, symbol, or device or any combination used or intended to be used in commerce to identify and distinguish the services of one provider from services provided by others and to indicate the source of the services.
What is a certification mark?
A certification mark is any word, name, symbol, or device or any combination used or intended to be used in commerce with the owner’s permission by someone other than its owner to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.
What is a collective mark?
A collective mark is a trademark or service mark used or intended to be used in commerce by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.
Do I need to register my trademark?
No. However, federal registration has several advantages including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
What are the benefits of federal trademark registration?
• Constructive notice nationwide of the trademark owner’s claim.
• Evidence of ownership of the trademark.
• Jurisdiction of federal courts may be invoked.
• Registration can be used as a basis for obtaining registration in foreign countries.
• Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
Do I have to be a U.S. citizen to obtain a federal registration?
No. However, an applicant’s citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.
Where can I find trademark forms and basic trademark information?
You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Registering a Trademark at http://www.uspto.gov/main/trademarks.htm.
The forms may be downloaded, filled out and mailed in, or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site.
You may contact the Trademark Assistance Center at 1-800-786-9199 for a hard copy of the Basic Facts brochure or if you need answers to specific trademark questions or want to know more about trademarks in general.
Source: SBA Publications — Just a reminder — I’m not a lawyer, I don’t even play one on TV and I did not stay at a Holiday In Express last night. I’m just a retired SBDC counselor, who knows where to look stuff up — both online and IRL.
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