Trademark information- Introduction to Trademarks 101

A trademark is used to indicate a source of goods. A trademark can include words, names, symbols, or any combination to identify and distinguish goods of one manufacturer or seller from another. Examples of trademarks include the brand name "Coca Cola" and the Nike "Swoosh" symbol.

A servicemark is used to indicate the source of services. A servicemark is identical to a trademark, differing only that a trademark is used to identify physical goods, and a servicemark is for services. For simplicity, this website will refer to trademarks and servicemarks collectively as "trademarks."

There are several different types of trademarks, including common law trademarks, state registrations, and federal registrations.

A common law trademark can be obtained by merely using a term as a trademark, and identifying it as a trademark. A trademark is identified by the TM symbol. There is no application process to obtain a common law trademark, and accordingly it offers the least amount of protection.

Many states allow for trademark registration, which provides more protection and legal rememdies for trademark infringement. The process for application, and the amount of protection offered varies by state. A state trademark registration will only protect that trademark within the state.

For goods and services used in interstate commerce, it is recommended to protect a trademark with a federal registration. Interstate commerce is sending goods across state lines, providing services across state lines, or providing services that affect interstate commerce, such as a restaurant or a gas station. Sending a good through the mail, or advertising on the Internet, is also considered interstate commerce.

Commonly referred to as a registered trademark, it can be identified by the ® symbol. There are five main benefits of a federally registered trademark:

1. Identifying a trademark owner's claim throughout the United States.
2. Evidence of ownership of the trademark.
3. Jurisdiction of United States federal courts may be used to protect the trademark.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with United States Customs Service to prevent importation of infringing foreign goods.

If you would like to protect your company name, your product name, or your company logo, it is recommended to file for a federally registered trademark.

Before filing a trademark application, we first recommend performing a trademark search, which our firm performs for $350. Your trademark search includes review & discussion with a trademark attorney. A trademark search will allow us to provide advice on what mark to apply for, and identify the goods and/or services your trademark application should cover.

To prepare and file a basic trademark application, including consultation with a trademark attorney, our firm charges $500 (plus USPTO filing fee of $325). We will continue to monitor your trademark application, and update you when developments occur.

We can additionally assist you with trademark applications in countries around the world. We can also assist with trademark opposition proceedings. We additionally have an informational article about trademark infringement in international domain names available.

We provide a brief telephone consultation free of charge. To schedule a consultation, please contact us online, or call us at 310-277-0444. In office consultations, and in depth telephone consultations, are available for a $80 consultation fee.

InventionPatent.Net- An intellectual property information resource for patents, trademarks, and copyrights, written and edited by Owen Smigelski, Esq.

As in-house counsel, I cannot provide legal advice or information to individual clients.
I recommend consulting with:
Raymond Wagenknecht
Biotech Beach Law Group PC
Toll Free: 886-875-9562
Tel: 619-238-1179
www.biotechbeachlaw.com