FILE FOR YOUR TRADEMARK
In some cases, a company’s most valuable asset is its brand identity or good will. Legally, this is typically referred to as a trademark or service mark. If you already know what you want to trademark, our firm’s online trademark filing process begins here. For just $500 (plus governmental fees) you can apply online using our online trademark filing process. If you would prefer to speak with one of our trademark attorneys you can simply call our office and we would be happy to schedule a meeting with one of our Trademark Attorneys for only $100 extra. Either way, we look forward to helping you file your online trademark application.
A large portion of businesses invest their resources into developing a brand name which is readily identified with the type of goods or services a business provides, the law protects that investment as a Trademark or Service Mark. A Trademark is another name for brand name and is used to identify the source of a good. A Service Mark is a name for a brand name used to identify the source of a service. Some common brand names are Coke, H&R Block and Nike. A mark (including trademarks and service marks) can either be a word, phrase, symbol or design used to identify the source of the good or service and distinguish them from the goods or services of others. Trademarks, Copyrights and Patents are three distinct rights, and each provides different types of protection. Trademarks, unlike copyrights and patents, provide protection based on use and can be in perpetuity
As well as identifying the goods and services, a mark serves as a guarantee of quality. If you purchase a pair of shoes from Nike, you know what to expect. Additionally, if you buy a hamburger from McDonald’s, you understand what you will be getting.
While trademarks and service marks are the best known marks, there are others:
- Trademarks are used on products (goods) (Hostess Twinkies, Dell computers).
- Service Marks are used to identify services (BURGER KING restaurant, WALT DISNEY WORLD amusement park).
- Collective Membership Marks identify members of an organization, association or union Farmland (farm coop), IEEE (engineering society).
- Collective Trademark/Service Marks are used to identify the products or services of all of the members of an organization (Better Business Bureau for information services relating to business practices).
- Certification Marks identify marks that are used by a party other than its owner to certify quality, origin, material, or mode of manufacture of goods or services. These marks also show that the products or services are manufactured or provided by members of a union or other organization. (UL rating system, Good Housekeeping seal of approval.)
- a preliminary or permanent injunction to prevent further harm;
- impounding and destruction of the infringing goods; and/or
- monetary damages.