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.
WHAT CAN WE DO FOR YOU?
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.
For More Information and to Get Some Trademark Basics, View Our TM Basics Presentation!
Click Here to View Presentation
Things to Consider?
Does the name I picked describe the goods or services?
Am I committed to this Trademark?
Is the web site available?
Are there similar Trademarks out there?
Can I afford a Trademark?
Is a trademark worth the money?
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.