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Trademark - What is it?

A trademark is the way we identify the source. There are two types of trademarks. One is a trademark used to identify goods and another is called a “service mark” used to identify services. A trademark identifies who the goods or services are coming from and to distinguish them from other goods and services being sold by other companies. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Once registered with te United State Patent and Trademark office the owner can use the ® symbol to show it is a registered trademark.

For example, there are Duracell® and Energizer® batteries. Duracell’s has the “copper top” with “Duracell®” where Energizer batteries are silver batteries and a lightning bolt with the trademark “Energizer®.” This identifies to the consumer the different type of batteries and the brand you trust the most. Why is this important? Say you have had more luck with one brand of battery then the other. If all the batteries were silver or copper top, how would you be able to tell the difference without reading the label to see who made them? Service marks work the same way, if all the trucks said, “American Plumbing and Repair,” but are owned by different companies, how would you recommend a plumber to call who did a great job on your plumbing? When a trademark looks like another one, it creates a likelihood of confusion that leads to infringement.

Stay tuned for more trademark blogs discussion infringement, protection, and how a trademark attorney can help you with registering your trademark to offer you the best protection. If you have a trademark idea or questions about registering a trademark, a trademark attorney is the best place to seek legal advice. If you have any further questions you can always send Trademark Attorney George Leone an email.

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