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Trademarks, Service Marks, and Trade
Names are separate and distinct, however, they are interconnected.
A trade name is a name used to identify organizations and their
products and services. A trademark or service mark is a
trade name that relates to any word, name symbol or device which
is used in trade with goods or services to indicate the source or
origin of goods or services and to distinguish them from the goods
or services of others. Examples of trademarks would be such
well know products as “Jello” or “Kleenex”.
Trademark rights may be used to
prevent others from using a confusing similar mark but not to
prevent others from making the same goods or from selling them
under a non-confusing mark. Similar rights may be acquired
in marks used in the sale or advertising of services (service
marks).
Trademarks and service marks,
which are used in interstate or foreign commerce, may be
registered in the
U.S.
Patent and Trademark Office. If the trademark/service mark is
to be used only in Arizona, the
Arizona Secretary
of State has jurisdiction for registering Arizona specific
trademarks/service marks. |
Although trademarks/service
marks registered with the state and/or federal government enjoy
the highest degree of protection, even unregistered or “common
law” trademarks/service marks may be somewhat protected, however
it is not a sound business practice to rely upon “common law”
trademarks/service marks.
The procedure for registering a
trademark/service mark begins with a thorough and comprehensive
search of a multitude of sources to determine the distinctness of
a particular trademark/service mark. Anything less than a
comprehensive search will potentially result in insufficient legal
trademark/service mark protection. If the search results in
no substantially similar or “confusing” other trademarks/service
marks, the next step in obtaining a trademark/service mark
is to file an application with the State and Federal repositories
noted above.
The information
required to obtain a trademark/service mark is available for
businesses and individuals, however seeking professional legal
advice is strongly advised. An attorney’s expertise in this area
will usually result in savings that far outweigh the legal fee.
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