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Similar to a trademark, a service mark identifies and distinguishes the source of a service rather than a product, and the term trademark is often used to refer to both trademarks and service marks. Using a trademark prevents others from using a company or individual's products or services without their permission.
A trade name is the name a business chooses to do business under. It is commonly known as the ?doing business as? (DBA) name and can differ from the company's business name. If you produce goods, you would be applying for a trademark. If you ?produce? or provide a service, you would be applying for a service mark.
Trademark vs. Service Mark. The bottom line is that a trademark represents a product produced by a business while a service mark represents a service offered by the business. A single business can register both trademarks and service marks to brand themselves.
3. Trademark license agreement instructions Introduction of Parties. ... Recitals. ... Section 1: Grant of license. ... Section 2: No assignment or transfer. ... (Optional) Section 3: Territory. ... Section 4: Consideration. ... Section 5: Maintenance of records and audit rights. ... Section 6: Term.
A service mark offers the same type of protection as a trademark, except that rather than identifying the source of goods, a service mark identifies a business that provides a service or services rather than goods.
For example, you might use your trademark as a brand for black short-sleeved t-shirts. You do not need to identify your goods as ?black short-sleeved t-shirts.? Instead, you could list them as ?t-shirts,? ?shirts,? or even ?tops as clothing.? All three of these options are accurate and acceptable.
The word ?trademark? can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services. A trademark: Identifies the source of your goods or services.
No, you cannot add goods and services to an existing trademark application once it has been filed. However, this is not a problem for most applicants. Protecting intellectual property is a continuous process.