A trademark is a word, phrase, symbol, or design, or any combination thereof, that identifies and distinguishes the product(s) of a 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 provided, rather than product(s) . Obtaining federal trademark protection provides several distinct advantages, including:
- Public notice of your ownership of the trademark or service mark;
- The legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide in connection with the goods/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;
- The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
- The right to use the federal registration symbol ® ; and
- Listing in the United States Patent and Trademark Office’s online databases.
The Celum Law Firm specializes in all forms of intellectual property registration and protection and can help you decide which form of protection is best for you or your business. Contact us today for a free consultation.