Trademarks Notes

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Topics: Trademark
Trademark Background
A trademark is a slogan, word, design, or combination identifies the source of your goods and services distinguishes them from the goods and services
Trademark- brand for goods and services
Patent- protects invention
Copyright- protects original artistic and literary work
Trademark- business name to distinguish name and sources legal presumption that owner of mark legal presumption of exclusive right to use mark
Puts public at note of ownership (R)
You can register a Trademark through the state or federal government:
Federal:
USPTOS database can find your marks record registration with US customs and agencies for international business and eliminate infringing products across borders and counterfeit goods.
Right to bring legal action concerning mark in federal court
Once a trademark is registered it may be challenged later on.
The USPTO does not "police" the use of marks. While the USPTO attempts to ensure that no other party receives a federal registration for an identical or similar mark
How to search Trademarks
TESS
State Trademark Database
Business Name
Internet Search
Hire a trademark attorney
Trademark selection considerations:
Strength of mark
Likelihood of confusion
Surname geographically descriptive
Deceptive,disparaging, or offensive
Misspelling of descriptive/generic wording
Name or likeness
Title of single book or movie
Ornamental/decorative matter
Trademark Process
Do not BUY trademarks
Apply and either denied or approved. Application fee is non refundable- ranges from $275-$325- www.uspto.gov -- application timelines, manuals, and training videos are available on the website. email: trademarkassistancecenter@uspto.gov telephone: 1-800-786-9199
Initial Steps
STEP 1: Determine whether you need trademark, patent, or copyright protection.
STEP 2: Determine whether you should hire a trademark attorney.
STEP 3: Identify your mark format: a standard character mark, a stylized/design mark, or

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