California Trademark AttorneyU.S. Trademark Applications from $ 775 |
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Introduction to Trademarks - "TM" vs. ®
A Trademark is a distinctive word, name, symbol or device that indicates the source of goods. Similarly a Service Mark is used to indicate the source of a service.
In other words, trademarks allow businesses to identify their goods and servces from others.
Trademark protection may be available for your company's brandname, catch phrase, logo, symbol, design, image or website domain name.
By merely adding a "TM" or a "SM" in your everyday use, you may already be asserting your common
law Trademark rights. Common law rights are typically limited to geographical use. So if you mark your product with a "TM" and only
sell or advertise in California, someone else may be able to use the mark in New York. However, a "TM" or "SM" may assist you in preventing others from using your Mark
within your region of use.
A Federally Registered Trademark is signified by a "®" and provides protection nationwide. To qualify for a registered trademark the mark
has to be used in interstate commerce. In other words the mark should be used in two or more states. A Federally Registered Trademark results in a greater variety of remedies for enforcement than a
common law trademark. Federally Registered Trademarks:
Our trademark service begins with a discussion of what products or services are to be associated with the mark.
The trademark attorney researches the appropriate class(es) and provides a recomendation.
Depending on your current and future plans, we can prepare:
The attorney will also indicate how to use the trademark while it is pending with the U.S. Trademark Office and will provide suggestions of
appropriate specimens to demonstrate use.
Trademark Applications are reviewed according to statutory requirements. The Trademark Examining
Attorney will frequently reject a Mark over one or more of these statutory requirements. Rejections are provided in
Office Actions. The rejections may include:
Responses can be provided to the examining attorney's evaluation. Our Attorneys can can
evaluate a trademark application, provide suggested arguments or counter arguments to the Examining
Attorney's position and can prepare a Response to a variety of rejections.
While considering one or more potential trademarks, it is often a good idea to have a trademark search conducted. Although the Applicant is not
required to search prior trademarks before applying for a federal trademark, it can be cost effective in the long run. For instance, a trademark search
may:
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