What Are the Four Parts to Obtaining a Trademark?
Trademarks, also known as "marks," serve two functions: to provide assurance to consumers that goods are of a certain quality and consistency, and to assist consumers in making informed purchases. Both businesses and consumers benefit from the use of a recognizable trademark. Businesses benefit because they see the rewards of their investment in developing and marketing quality products, and consumers benefit because they can readily identify and purchase the goods they desire. There are four types of marks that aid in providing these assurances to businesses and consumers.
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Basic Trademark
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A trademark is a word, name, symbol, device, or combination thereof, used to identify the goods or products of a person or business to distinguish them from the goods of others. An example of a trademark is the Nike "swish."
Service Mark
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A service mark is a word, name, symbol or device, or combination thereof, used by a person or in which a person displays a bona fide intention to use it to identify and distinguish the services of one person from those of others, and to indicate the source of those services. These marks pertain to services, not goods.
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Certification Mark
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A certification mark is a word, name, symbol or device, or combination thereof, used to certify that the goods or services of another have certain features. Generally, this will refer to the quality or material of the goods or services. For example, an item may contain the certification mark "Good Housekeeping Seal of Approval." Certification marks do not indicate the origin of the goods or services.
Collective Mark
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A collective mark is used by a membership organization such as a labor union or professional society to identify that the person displaying the mark is a member of the organization. "Future Farmers of America," for example, may be used as a collective mark.
Benefits of Registering a Mark
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Marks can be registered with the United States Patent and Trademark Office (USPTO). Although registration is not mandatory, it offers several advantages, the most important being the right to file suit in federal court in cases of possible infringement. Also, federal protection of a mark may bar importation of infringing goods, as well as offer the registrant the right to obtain additional registration in foreign countries.
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