Define the different types of Trademarks
- What is a Trademark
What is a Trademark? A trademark™ is a form of protection used to brand or promote a product being offered in the market place in the form of a word, name, phrase, tag-line (Standard Text Characters) or symbol, graphic, color (Stylized and/or Design) or a combination of both. In addition, other trademark categories, such as those based on color, smell, sound, patterns or any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities may be protected. Note, the essential function of a trademark is to exclusively identify the commercial source or origin of products or services identified by the mark.
What is a Service Mark? A service mark (SM) is a mark similar to a trademark, except it a form of protection used to brand or promote a service being offered in the market place. The terms “trademark” and “mark” often are used to refer to both trademarks and service marks.
What is a Trade Name? A trade name or a business name is the name a business uses for commercial purposes. (The legal name is the name registered with the state secretary of state office, such as ____ Inc., LLC or Partnership or the name used for contracts.)
What is Doing Business As? DBA (doing business as) is a name of a business or operation other than the owner or proprietor’s name, or legal name such as Inc., LLC or Partnership of the business. Most jurisdictions require businesses operating with fictitious names to file a DBA statement for consumer protection purposes with the county and/or state.
When should you use ® vs. TM/SM? Any time you claim rights in a mark that identifies a product or service, you may immediately use the “TM” (trademark on goods) or “SM” (service mark for services) designation to alert the public to your claim, whether you have filed a trademark application with the US Trademark Office or not.
® may only be used after registering with the US Trademark Office.
You may only use the federal registration symbol “®” after the federal US Trademark Office actually issues a registration for your mark, and not during a pending trademark application or after your registration has expired.
Now you know What is a Trademark. Next learn about Trademark Search or Trademark Classes or Different Types of Marks or Trademark Registration.
If you wish to file a US trademark application please Click here.
