Trademark Your Word, Phrase, Symbol or Design: A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
When you file a trademark registration application the examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2.
The most common reasons for refusing registration are because the mark is:
• Likely to cause confusion with a mark in a registration or prior application;
• Descriptive for the goods/services;
• A geographic term;
• A surname;
• Ornamental as applied to the goods.
The examining attorney may also issue requirements concerning, for example:
• The goods and services listed in the application;
• The description of the mark;
• The quality of the drawing;
• The specimens.
In short, a trademark is a brand name. A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
Not all trademarks must be registered, but federal registration has several advantages, including a notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
If you have a trademark issue, please contact Boyer Law Firm today and we will be happy to assist you in either trademarking your logo or discussing other possible options.
