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WHAT IS A TRADEMARK?

Posted by Aletha Smith | Nov 25, 2022 | 0 Comments

According to the United States Patent and Trademark Office (USPTO), a trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.  It distinguishes you in the marketplace from your competitors.  A service mark is essentially the same as a trademark; however, a service mark identifies and distinguishes the source of a service rather than a good or product.

A trademark/service mark is typically the most valuable asset of a business.  A trademark has several benefits.  Some of the advantages of a trademark/service mark include:

  • Exclusive right to use
  • Protects against Federal registration of the same or confusingly similar mark
  • Helps you guard against counterfeiting and fraud
  • Allows you/your business the right to use the ® symbol, so long as the mark is used in connection with the goods and services identified in your trademark/service mark registration
  • Provides legal protection for your brand
  • Denies others the right to claim that their subsequent use of the same mark was used in “good faith”
  • Enhanced remedies for infringement (i.e., if successful, you can receive treble (3X) damages, costs and attorney's fees if you successfully defend against infringement)

A trademark/service mark is a valuable asset to any business.  It increases the value of your business and can be sold, assigned, and even licensed.  A trademark lasts forever, contingent upon the owner taking action to protect it and renew it, as scheduled.

About the Author

Aletha Smith

Aletha Smith is the founder and managing attorney of the Law Office of Aletha J. Smith, PC. Aletha is dedicated to empowering entrepreneurs with the tools and confidence to create a solid, successful legal foundation, no matter the business industry,

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