Timothy John Van Tuinen, LLC | Intellectual Property Attorney
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Trademarks:*Please be advised that this is merely a short summary of only part of the law on this subject. The law changes on a regular basis and it would be proper to confirm this information with the current statutes now applicable under the law. A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that is used in a trade with goods to indicate the source of the goods and to distinguish them from others. A service mark uses the same idea except it identifies and distinguishes the source of a service rather than a product. Trademarks and service marks are used to prevent others from using a confusingly similar mark with like services or goods. It does not prevent others from making the same goods or providing the same services. Since these marks can be valuable assets to a business, it is important to register it with the proper authorities. The benefits of national registration of a trademark or service mark: 1) Constructive notice nationwide of the trademark owner's claim; 2) Evidence of ownership of the trademark; 3) Jurisdiction of federal courts may be invoked; 4) Registration can be used as a basis for obtaining registration in foreign countries; 5) Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods. The USPTO currently uses the below fee schedule in regards to Trademark Registration, per class:
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