WHAT IS A TRADEMARK?
The Trademark Statutes from country to country may vary slightly in how they define a trademark, but generally a trademark is one or more words, logos, symbols or designs which serve to identify or distinguish someone’s goods or services from those of others and which tend to indicate the source of those goods or services.
WHAT IS A TRADENAME?
A trade name is a name used by an entity to identify its business or vocation. The distinctive element of a trade name may also function as a trademark or service mark and thereby qualify for registration.
WHAT IS A SERVICE MARK?
A service mark is a trademark used to identify or distinguish someone’s services offered in commerce from those of others.
HOW DOES SOMEONE ACQUIRE TRADEMARK RIGHTS?
Depending on the country, trademark rights may be acquired either by use in the market or by registration, or both. In the United States and Canada registration greatly enhances rights obtained through actual use.
SHOULD I SEARCH MY TRADEMARK BEFORE REGISTRATION?
A search is generally recommended to understand whether or not any difficulty will be encountered in seeking a registration. Coupled with an opinion letter, a trademark search enables a trademark owner to make a more informed decision about trademark protection strategies.
WHY SHOULD I USE 
FOR MY SEARCH?
Three reasons….convenience, cost and quality. Through our on-line search request you can conveniently obtain a quick report that either identifies problems with the adoption of a particular mark or provides guidance as to its availability for registration.
The cost is very competitive compared to alternative approaches and provides a high degree of inexpensive insurance before you take any other steps.
Our quality results from our team of professionals. Your search will be managed by an intellectual property lawyer who relies on years of experience in providing TM related advice.
DOES A PRIOR TRADEMARK APPLICATION OR REGISTRATION OF AN IDENTICAL OR SIMILAR MARK PRECLUDE ADOPTION OF A PARTICULAR TRADEMARK?
Not necessarily. Trademarks are registered in respect of a particular product or service in various international classes. Your chosen name may be identical to a previously registered trademark but your product or service may be completely different and may not give rise to any confusion in the marketplace.
WHAT ARE THE BENEFITS OF REGISTRATION?
In the USA, three main benefits derive from registration. Firstly, a federal TM registrant is considered to be the owner of the TM in respect of those goods and/or services identified in the registration with the exclusive right to use the mark throughout the United States unless proven otherwise. Secondly, the date of first use indicated in the application is presumed valid thereby enhancing the applicant’s rights vis-à-vis others who have adopted the mark later. Finally, a trademark gains certain legal advantages such as the right to claim and recover additional damages against trademark infringers, including punitive damages and legal fees.
HOW DOES COPYRIGHT DIFFER FROM TM PROTECTION?
Copyright exists by virtue of the original creation of a literary or artistic word and protects the original expression of an idea but not the idea itself. Novels, songs, paintings, software programs and movies, for instance, are protected by copyright but their names may be protected by trademark law.
HOW DOES PATENT PROTECTION DIFFER FROM TM PROTECTION?
Patents are monopoly rights granted to protect new inventions or discoveries. A patented product may be marketed under a name protected by trademark registration.
WHEN CAN I ADOPT THE TM, SM OR THE ® SYMBOL?
The TM and SM symbols may be used in connection with one’s trademark right from the outset up to registration and simply indicates that the owner claims the term as a trademark or service mark respectively. The ® symbol means the term is a registered trademark and should not be used until registration is issued.
HOW CAN I USE TO REGISTER MY U.S. TRADEMARK?
Click here
HOW CAN I USE TO REGISTER MY CANADIAN TRADEMARK?
Click here
HOW CAN I GET TM ADVICE OR CONSULTING SERVICES IN PERSON OR BY EMAIL?
Click here
HOW CAN I CONTACT BY EMAIL?
info@TrademarkProtectionServices.com
WHAT IS THE TRADEMARK CLASSIFICATION SYSTEM?
Trademarks are registered in respect of specific goods or services identified in the application. Most countries have adopted the International Classification System that creates various categories in which the different goods and services fall. Depending on the country, separate applications and filing fees may be required to protect a trademark in more than one class. A registration for a software brand in Class 9, for instance, may not protect use of the same brand to deliver a software based service over the internet under Class 42.
DOES MY U.S. TRADEMARK REGISTRATION PROTECT THE TRADEMARK IN OTHER COUNTRIES?
No. Each country maintains its own trademark registration system although regional systems such as the one in the European Community provide multi jurisdictional protection. See TRADEMARK APPLICATION – INTERNATIONAL.
HOW DO I RESOLVE A DOMAIN NAME/TRADEMARK CONFLICT?
Click here for information on how Counselor can help you resolve a trademark/domain name dispute.
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