Kings New York Assignment of Service Mark and Trade Dress

Name: Kings New York Assignment of Service Mark and Trade Dress
Brand: US Legal Forms
Rating: 4.62 (377 reviews)

Category:

Small Business - Sales and Marketing

State:

Multi-State

County:

Kings

Control #:

US-1340817BG

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Instant download

Description

A trademark is a word, design or combination used by an individual or a business to identify its goods or services. Marks identifying services rather than goods are technically referred to a service mark.

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FAQ

A trade name is defined as any word or group of words used by any person to identify a sole proprietorship, firm, partnership, corporation, association, union, or other organization. Normally a trademark appears on the product or on its packaging, while a service mark appears on advertising for the services.

A service mark is a brand name or logo that identifies the provider of a service. A service mark may consist of a word, phrase, symbol, design, or some combination of these elements.

Trade dress is a type of trademark that refers to the image and overall appearance of a product. Trademarks protect brands and the goodwill associated with the brand. A trademark is used to identify the source of goods or services and is used to distinguish the goods and services of one seller or provider from another.

Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law.

To do so under federal law the trade dress owner must prove: (1) the claimed trade dress, taken as a whole, is not functional and is famous; and (2) if the claimed trade dress includes any mark or marks registered on the principal register, the unregistered matter, taken as a whole, is famous separate and apart from

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."

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.

Examples of a Service Mark Take for example a plumbing company. They may have a logo of a leaking faucet and wrench to identify their company. This logo would be a service mark because it identifies their plumbing services. Their name could also be service marked.

Trade dress can be protected through common law rights. However, the Lanham Act also protects trade dress and allows it to be registered with the U.S. Patent and Trademark Office (USPTO) as a trademark. Generally, an application to register trade dress must include all the same content as a trademark application.

Definition. The design and shape of the materials in which a product is packaged. Product configuration, the design and shape of the product itself, may also be considered a form of trade dress. The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark.

A trademark offers legal protection for a logo, symbol, phrase, word, name, or design used to show the manufacturer of a product. Trade dress protects all elements used to promote a specific service or product. Examples of trade dress include packaging and the atmosphere or decor within a place of business.

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Complete ALL applicable items on the application to assign trademark, service mark and trade name. Policies and procedures in the King University Student Handbook.Committed to the financial health of our customers and communities. Related trademarks, service marks, logos and commercial symbols, and the trade dress used to identify Dog. The trademarks, logos, and service marks displayed in the Services are the property of Heartland, its affiliates, subsidiaries, and other parties. Street Kings movie reviews and ratings - Tribute. ( a ) To proceed : as , to make one's way homeward .

Kings New York Assignment of Service Mark and Trade Dress

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What is a trade or service mark?

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Is there a difference between a trademark and a service mark?

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Why would a company want to assign their service mark and trade dress to someone else?

What is a service mark?

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Can a service mark be assigned separately from trade dress?

What happens to the original owner of the service mark and trade dress after assigning it?

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