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What is a trademark or service mark?

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.

Must all marks be registered?  No, 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.

Tools

TESS: search trademarks Search pending and registered marks using the
Trademark Electronic Search System (TESS).
TEAS: file forms online File applications and other documents online using the
Trademark Electronic Application System (TEAS).
check status and view documents Check the status of an application and view and download application and registration  records using Trademark Status and Document Retrieval (TSDR) (combining TARR and TDR).
Assign icon and hyperlink to USPTO webpage to access the Assignments Home page. Transfer (assign) ownership of a mark to another entity or change the owner name and search the assignments database.
TTAB: trademark trial and appeal board Visit the Trademark Trial and Appeal Board (TTAB) online.
Trademark Dashboard Visit the Trademark Dashboard for Trademark Operation performance measurements. 

 

United States Patent and Trademark Office
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Last Modified: 2/3/2012 2:02:43 PM