Trademark - A word, name, symbol, or device, or any combination thereof adopted and used by a person to identify goods made or sold by him/her and to distinguish them from goods made or sold by others.
Service Mark - A mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
Trade Name / (Business or Company Name)- A word, name, symbol, or device, or any combination thereof used by a person to identify his business, vocation, or occupation, and distinguish it from the business, vocation, or occupation of others.
Can a trademark and service mark be filed on the same application?
Trademarks and service marks must be filed on separate applications. They require separate fees and submittal of separate specimens.
Can a trademark and service mark be filed on the same application?
Trademarks and service marks must be filed on separate applications. They require separate fees and submittal of separate specimens.
What is a specimen?
A specimen demonstrates how the mark is being presented to the public. Specimens can be in a wide variety of forms.
For a trademark, the specimen can be a label of the product sold or a photograph of the mark on the product itself, if the product is too big or bulky to send through the mail. For example, if the mark is printed on the front of t-shirts, three photographs of the mark on the t-shirt could be sent rather than sending three t-shirts.
For a service mark, the specimen can be a sample of how the services are being advertised. A "yellow page" advertisement, a flyer, a business card, or a photograph of a billboard advertising the services could be submitted. The specimen for a service mark must demonstrate the nature of the services rendered. The specimen must be something that could be handed to any average member of the public and that person would immediately know what services are being provided by the company using the mark.
How long is a trademark or service mark registration active?
The registration is active for ten years. At the end of ten years, the mark may be renewed for another ten years. The mark may be renewed every ten years as long as the mark is in continual use.
3 comments:
Hi how to contact u for doing the trade mark registration for my logo for a mandarin learning program?
Hi Rozarita,
I am interested to know more about trade mark my logo for a Mandarin learning program. Please contact me at daphniewong@hotmail.com.
Your blog is very informative.
Thank Q.
Hi Daphnie,
I would suggest that you register in Class 16 and 41 .
I will email you the requirement needed for registration.
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