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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.
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.
If your company sells an item or multiple items, you'd need to trademark the mark used to represent the business. If you have a company that provides a service, focus on the service mark. Using TM in your mark represents trademark and SM represents service mark. Neither holds any legal significance.
Despite the distinction, the term trademark is commonly used to describe both forms of intellectual property. To register a trademark or service mark, one has to file an application with the United States Patent and Trademark Office (USPTO).
Requirements for filing a trademark applicationThe name, address and nationality of the applicant.If the applicant is a company, the country or state of incorporation.A list of goods and/or services for which registration is required.Soft copy of the trademark to be registered.More items...
In order to register a mark in Minnesota, it must have been used commercially prior to registration. If it has not yet been used in Minnesota, you cannot register the mark with this office. State the name and complete address of the applicant.
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.
ILLEGAL USE OF CERTIFICATE OF REGISTRATION. UNAUTHORIZED USE IS A CRIME.
To register a service mark, use the trademark process, designating the mark as a service mark for services. To show the use of the service mark, the USPTO says, use specimens such as "signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services."