Welcome to the virtual consultation on trademarks. Some trademark attorneys offer free consultations, during which they go over some of the basics for protecting a trademark. This consultation goes over some of those basics – so that when you meet with a trademark attorney, you can skip over the basics and get right to the heart of your trademark. Please note that this consultation is only intended as general information and not as legal advice. Let’s get started . . .
What is a trademark? A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
Is a service mark different than a trademark? A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Often, the terms “trademark” and “mark” refer to both trademarks and service marks.
Do I need a trademark search? I always recommend a trademark search to help avoid having your trademark application from being rejected by the US Trademark Office – or worse yet, being accused of infringing someone else’s trademark.
Can I register my trademark with the state? Yes, you can register your trademark with the state or states that you’re doing business in.
Should I also register my trademark with the US Trademark Office? If you are using (or have a bona fide intent to use) your trademark in interstate commerce, then you can realize additional protections by registering your trademark with the US Trademark Office.
How should I use my trademark? Always use your trademark in a consistent manner. Don’t use your trademark as a noun. You should also designate your trademark using the TM notation (or SM for service marks). You cannot use the (R) designation unless and until you are granted a federal trademark registration.
I hope that this “consultation” has been informative. Please remember that this is not a substitute for legal counsel. Don’t delay in hiring a trademark attorney to help you with your trademark . . . or you risk losing important legal rights!
