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The commonly used term, Trademark, can be broken down into at least two slightly different terms, Trademark and Service Mark.

A TRADEMARK is either a word, phrase, symbol, or design, or combination of words, phrases, symbols, or designs which 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.

Normally a Mark for goods appears on the product or its packaging, while a Service Mark appears in advertising for services.

Trademark law is a unique blend of State and Federal laws. That is, each State in the United States has its own laws regarding Trademarks and in addition to each State's laws there is a separate and distinct set of Federal laws which govern Trademarks.


West & Associates can prepare, file and prosecute Trademark applications before the United States Patent and Trademark Office and/or before individual State Trademark Offices. Our Attorneys can also provide expert assistance with searching existing Trademarks and expert advice regarding your Trademark rights.

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Trademark: ®  TM

For More Information and to Get Some Trademark Basics, View Our TM Basics Presentation!

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Things to Consider?


Trademark Search

Unlike with patents, a basic trademark search of the Federal Register is required prior to filing a Trademark application. We strongly recommend that Clients conduct their own basic patent searches before adopting a Trademark.  In addition to the basic trademark search, we can conduct more comprehensive searching.  If you’d like to begin your own searching, we recommend visiting the official United States Patent and Trademark Office site (www.uspto.gov) for your basic search. We also recommend you view our Trademark Selection Guide, available for Free Download when you LIKE US on Facebook.