TRADEMARKS

What is a trademark or service mark?  The United States Patent and Trademark Office (“USPTO”) defines each as:

 

"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."

 

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.

 

The simplest way to think of a trademark or service mark is as the brand identifier.  What name, logo, or other image is strongly associated with your product or service.  Examples are the names Apple and Dell for computers, the logo for BMW, and the image of golden arches for McDonalds

 

By using the name, logo, or other images (collectively called “trademarks”), you acquire a common law trademark once you begin using them with your product or service. This gives you protection in the area where your product and services are sold, but usually not nationally. In order to gain additional protect your trademark from all infringers, it is important to register your trademark with the USPTO. While this is not 100% fool-proof, it provides evidence of your ownership of the trademark.

Trademark Services:

 

  • Registering trademarks with the USPTO

  • Trademark monitoring

  • Registering trademarks with the South Carolina Secretary of State’s Office

  • Registering trademarks with the New York Secretary of State’s Office

  • Prosecuting trademark infringers

  • Defending against trademark infringement

  • Initiating and defending trademark cancellation proceedings and Notices of Opposition with the Trademark Trial and Appeals Board

  • Drafting trademark licensing and other agreements

  • Reviewing trademark licensing and other agreements

  • Trademark Trial and Appellate Board proceedings

Trademark Resources

Trademark Blog Posts

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