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Trademark Basics

The difference between a trademark (TM) and a service mark (SM)

Trademark:

"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." (Source: US Patent & Tradmark Office)

Service mark:

"A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks." (Source: US Patent & Tradmark Office)

Trademarks, copyrights, and patents

Contrary to popular belief, trademarks, copyrights and patents actually do not all perform the same functions... Trademarks are for protecting the identy of a brand (specifically a party that produces goods - as described above). Copyrights protect an artistic or literary work. A patent protects an invention. There are significant differences in the filing process and cost of obtaining each as well.

For more information...

On trademarks, visit: http://www.uspto.gov/web/trademarks/workflow/start.htm

On copyrights, visit: http://lcweb.loc.gov/copyright/

On patents, visit: http://www.uspto.gov/main/patents.htm

Can I not register my brand, invention, or work and still be protected?

Yes, there is some protection without registering a trademark, copyright, or patent simply by legitimate use of the mark, but protection is severly limited. Once your trademark, copyright, or patent is registered however, you can enjoy the following benefits:

• The right to give notice to the public of your registration with the TM, SM, ©, and ® symbols
• Legal ownership and exclusive rights to use the mark nationwide and use the US registration as a base for registering the mark in foriegn countries
• The right to bring about legal action in federal court if the mark is infringed upon
• The right to register the mark with the US Customs Service to prevent the import of infringing foriegn goods

How to register a trademark

File online by utilizing the US Patent & Trademark Office's Trademark Electronic Application System (TEAS) available at http://www.uspto.gov/teas/index.html

File a written application by mail or hand delivery to (though TEAS is the preferred method):

Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451

Call USPTO's automated telephone line at (800) 786-9199 for more information

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