What is a Trademark?
(What is a Service Mark?)
What is a trademark? Trademarks and service marks are intellectual property. Registering a trademark can protect brand names and logos used on goods and services. There are two kinds of trademarks. First, a mark in the form of a word, phrase, symbol, design, or a combination of these things that identifies and distinguishes the source of the goods from the goods of others. There is a version for services as well, called a service mark. A service mark is the same as a trademark except it identifies and distinguishes the source of a service, instead of goods.
What is a trademark? Trademarks and service marks protect brand, business names, and logos. You are not required to register trade or service marks. However, trademark registration offers at least three advantages. First is the notice to the public of your claim. Second is a legal presumption of ownership nationwide. And, third is the exclusive right to use it on your goods or services.
You can register your own trade or service mark. But, the registration process is a legal proceeding that requires you to act within certain deadlines. Here are links to details on the two kinds of marks, and details on using a mark.
A trademark can potentially last indefinitely in the form of an unlimited chain of ten year periods. In other words, a trade or service mark can last indefinitely (like the business it is attached to) provided the legal requirements for post registration maintenance and renewal are timely filed and paid every ten years.
In the United States, registered trademarks are listed on the USPTO’s Trademark Electronic Search System, or TESS. You can access TESS here. We highly recommend searching TESS for your new business name when setting up a new business to determine availability of trademarking it. Check out our 4 steps to trademark.
Kinds of Marks in trademark
What is a trademark? In order to trademark a brand, business name, or logo you register your mark with the USPTO. You can apply for two kinds of marks. First is the standard character mark. Second is the special form mark. You can apply for both.
Standard Character Mark – Trademark a Name
What is a trademark? A standard character mark is a specific arrangement of numbers or letters – for example, Carson Patents. Our corporation name, Carson Patents, is trademarked. Our mark is protected no matter how the text is displayed. If your logo only consists of only a business name or slogan, a standard character mark is ideal. The advantage of a standard character mark is flexibility in how you display your logo (i.e. the colors you use, the style, or font).
Special Form Mark – Trademark a Logo
What is a trademark? A special form mark is for a logo which consists of a specific font, design, or a combination of the two. Trademark application for a special form mark must include an image of your mark. Importantly, the image submitted is the mark protected if the application is granted. You need to make sure that you submit your logo exactly as you want it protected. If your logo consists of only a logo and business name or slogan, a special form mark is ideal. The advantages of a special form mark is protection for an illustration, or a combination of an illustration and text in a specific font or color scheme.
Using a Mark
You do not have to use the “™” or “®” text next to your logo, brand, or business name. However, when your logo, brand, or business name is trademarked you can. Using the “™” is governed by local, state, or foreign laws. Check with an attorney licensed in your state or a lawyer practicing intellectual property law.
The letter ‘R’ inside a circle, the “®” symbol, is the federal registration symbol and you can use it if your mark is registered with the USPTO. There are two different registrations. If your trademark application is granted, the mark will be listed on the Principal Register on TESS, and then you can use the “®” mark. If your mark is denied, it may still be possible to get on the Supplemental Register and be listed on TESS, and then you can use the “®” mark. When your mark is listed on either the principal register or the supplemental register, you can use the “®” mark.
For example: Carson Patents, is trademarked. Carson Patents is listed on the supplemental register at the USPTO. Thus, we can, and do frequently use the “®” symbol at the end of our name. For example, Carson Patents® in our logo.
Register a Trademark Internationally
For international trademark protection, there is the Madrid Protocol. After a national application is filed (basic application) or issued (basic registration), the Madrid Protocol offers a single international application to seek or get protection for the mark in other countries. It is a cost-effective, efficient, and centralized way for a trademark owner to seek international protection for a mark. The process is filing one international application in “the office of origin” where the applicant is a citizen. The office of origin for U.S. nationals is the U.S. Patent and Trademark Office (USPTO) – almost always. Read more about the Madrid Protocol at the USPTO.
WIPO Madrid allows you to register your trademark in 124 countries by filing a single application. The Madrid system is centrally managed worldwide by WIPO. Madrid provides a centrally managed system to apply for and get trademark protection. You can even use an existing national or regional application that you already have on file. In addition, you can replace your national or regional registration with an international registration. “Replacement” is easy and automatic when you file for international registration of a granted national mark. Protection is renewed in 10 year periods directly with WIPO and having effect in all designated Contracting Parties (124 countries) around the world.
To use the Madrid system, according to WIPO, “you must either: be domiciled, have an industrial or commercial establishment in, or be a citizen of one of the 124 countries covered by the Madrid system’s 108 members.” The fees to register an international trademark include a basic fee and additional costs that depend on where and in how many classes you want protection. For more information, visit WIPO.