Trademark Filings

What is a trademark or service mark?

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. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.

Do Trademarks, Copyrights and Patents protect the same things?

No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm.

How to apply for a trademark

To apply for a trademark you will need to first do a trademark search to ensure that you are not infringing upon any existing trademarks.  Once you are confident that you will not infringe on another persons trademark then you will want to start by researching your competitors to see how they have filed their trademarks.  Once you have done this basic research, you should begin to draft your trademark.  To protect your intellectual property is a very important thing that you must take seriously.  If you invest the time to build a business, and brand that business, you will want to protect your investment by preventing others from infringing upon your rights.

WHAT MUST THE TRADEMARK APPLICATION INCLUDE?

• NAME OF THE APPLICANT
• NAME AND ADDRESS FOR CORRESPONDENCE
• DEPICTION OF THE MARK ("THE DRAWING")
• GOODS AND/OR SERVICES
• APPLICATION FILING FEE
• BASIS FOR FILING - What is "use in commerce"? What is "intent to use"?
• SPECIMEN
• SIGNATURE