Hawaii Trademark, Service Mark and Right of Publicity Agreement
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FAQ
A trade name is also called a DBA (doing business as) name. A good example of this is Walmart. Walmart's legal business name is Wal-Mart Inc. but its trade name is just Walmartthat's the name it uses on its advertising and website, and what most people refer to it as.
Service marks and trademarks are considered intellectual property. This generally refers to assets that do not have physical form. Examples are ideas, images, songs, and sounds. Service mark registration protects both your business and the public.
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 is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark (or servicemark) is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.
The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.
Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive. Words and designs that lack any distinctiveness fall into a fifth category, generic, and cannot function as trademarks.
A "service mark" is a type of trademark protected and regulated under the Lanham Act. Service marks are used to identify and distinguish the services of one individual or organization, even a unique service, from those provided by others.
A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It's how customers recognize you in the marketplace and distinguish you from your competitors. The word trademark can refer to both trademarks and service marks.
Because the United States Patent and Trademark Office (USPTO) operates on a federal level, you're up against trademarks in all other states. If you want to fully protect your business name along with any marks associated with it, you'll need to register both the trademark and the trade name.
A trademark offers legal protection for a symbol, logo, phrase, word, design, or name that represents goods or products. A service mark, or servicemark, offers similar protection for services. If your company sells an item or multiple items, you'd need to trademark the mark used to represent the business.