 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.
But what if I am selling a service, not a physical good?
- A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Generally when one says "trademark" or "mark," they are refering to both trademarks and service marks.
That's great, but what can a Trademark Attorney do for my business?
- As an experienced and knowledgeable intellectual property attorney and patent lawyer, I can register your trademark or service mark with the U.S. Patent and Trademark Office.
- A trademark attorney, such as myself, can advise you on how to properly manage your trademark to maintain the trademark strength in describing your product or service.
- A trademark lawyer can help you choose a strong trademark for your company so that it will easily distinguish your goods from your competition.
Why should I register my product or service name with the USPTO?
- Trademark registration provides constructive notice to the public of the registrant's claim of ownership of the mark;
- Trademark registration creates a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
- Trademark registration allows the ability to bring an action concerning the mark in federal court;
- Trademark registration allows the use of the U.S registration as a basis to obtain registration in foreign countries; and
- Trademark registration enables you to file your mark with the U.S. Customs Service to prevent importation of infringing foreign goods.
Copyright 2009 Memphis Patent Attorney John Schwab |
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