Different Categories of Trademarks

By Gerard Simington

For many businesses, establishing a well-known brand is the key to success. Of course, you need to protect that brand and trademarks are part of the process.

A trademark is a form of intellectual property. You can trademark words, symbols, names, sounds and even colors that distinguish a product or service. A classic example is the Nike swoosh, a symbol that is well known throughout the world. Unlike patents and copyright, trademarks do not expire so long as they are used and, of course, you pay the United States Patent and Trademark Office to renew them!

When the word trademark is mentioned, most people think it is one thing. In truth, there are variations of trademarks. They differ in a number of ways, so let’s take a closer look.

We’ll start with a service mark. There seems to be a lot of confusion regarding the service mark. It is exactly like a trademark with one noticeable exception. As the name suggests, it applies to names, symbols and so on that identify a service instead of a product. This brings up an important point. The type of trademark for your situation is based on the underlying thing it represents.

The classic trademark is next. Again, we are talking about a symbol, word, name, sound and so on that identifies and distinguishes something in the consumer mind. In this case, we are talking about a product or products. Coca Cola is one of the dominant trademarks of all time. If the phrase is mentioned, you know exactly what it is referring to.

Both service and trademarks have some limitations. When you obtain a mark, it does not extend across all possible forms of commerce. Instead, you have to indicate what class of industry, commerce or business it should apply to. Ultimately, this means a business cannot hog a particular phrase. An example will make this clear.

The biggest online bookstore is Amazon. When talking about books or the internet, the mention of Amazon clearly leads you to think about their site. Does this mean there can be know other Amazon businesses in the world? Of course, not. There simply cannot be another online bookstore called Amazon. If I want to open an Amazon Travel business that sends people to the Amazon in South America, I am not going to have any problems.

All and all, trademarks are a fairly simple part of the law. If you wish to protect your products or services, you should definitely consider applying for the appropriate marks.

Gerard Simington is with FindAnAttorneyForMe.com - free daily legal tips.

Article Source: EzineArticles.com/?expert=Gerard_Simington

Invention Evaluations   Invention Evaluations

Choose the Invention Evaluation Plan that fits your goals and budget.

Inventors such as yourself who are looking to protect and profit from your invention or new product idea each have your unique needs and budgets. That is why we offer several invention evaluation plans for you to choose from that are tailored to the special needs of individual inventors.

Save Money   Invention Packages

Invention Commercialization and Profitability Program

Choose from our Basic, Advanced, or Professional Invention Combo Packages, depending on your particular needs and budget. Each combo package includes your choice of the Invention Sales Package, the Invention Licensing Package, or the Invention Marketing Package.

 

Invention Evaluations   Crowdfunding

Don't have money to develop your invention into a product?

Crowdfunding makes it possible for you to achieve your invention goal of selling, licensing, or manufacturing products based on your invention that you otherwise might not be able to do using equity or debt financing. And you don't give up any ownership stake in your invention.

 

Invention Patenting Group
161 Maple Drive
Park City, Utah 84098-5113
Telephone: (866) 279-7174
Facsimile: (435) 649-3801

Copyright 1999-2016 Invention Patenting Group. All rights reserved.

Powered by Joomla 1.7 Templates