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Trademarks vs. Service Marks

A Florida or Federal trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the goods of one manufacturer or seller from the goods manufactured or sold by others, and indicates the source of goods.

When you apply for a Florida trademark or Federal trademark, the trademark examiner reviews the application and may issue a refusal based on the Law on Trademarks 1946, 15 USC § 1051 et seq., or the Rules of Practice of Brands, 37 CFR Part 2.

Black and white iconIt is important to hire a trademark attorney to assist you with the trademark application process.

The most common reasons for refusing registration are because the mark are:

• Likely to cause confusion with a mark in a registration or an existing application;
• Descriptive of the goods / services;
• A geographical term;
• A family or living person’s name;
• An ornament applied to the goods.

The examiner may also issue regulations concerning, such as:

• The goods and services listed in the application;
• The description of the mark;
• The quality of the design;
• The submitted specimens.

Service Marks

Similarly, a service mark is a word, name, symbol, device, or any combination, used or intended to be used in commerce to identify and distinguish the services of a provider of services provided by others and to indicate the source services (not goods).

Federal trademark registration has several advantages, including a public notice of the request of the holder of the ownership of the mark, a legal presumption of national ownership and the exclusive right to use the mark on or in connection with the goods or services in the registration.

If you have an issue with a Florida or Federal trademark, please contact Boyer Law Firm today and we will be happy to help you either save your logo or discuss other options. Additionally, if you are considering applying for either, contact us before you begin the process so that we can avoid the aforementioned pitfalls.

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