What is a Trademark or Service Mark?

A trademark is a brand name. 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.

Should you Register your Trademark or Service Mark?

By owning a registered Trademark or Service Mark, it would provide you with several advantages, eg.,

  • constructive notice to the public of the registrant’s claim of ownership of the mark;
  • a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
  • the ability to bring an action concerning the mark in court;
  • gaining a statutory monopoly of the trademark in the country it was registered; and
  • the use of the registered trademark as a basis to obtain registration in foreign countries.
  • Trademark symbols

    If you successfully register a trademark, you are permitted to use the “®” symbol next to your mark.

    Another common symbol associated with trade mark would be “™” − that denotes that the mark is being used by the company as their trade mark but it does not mean that the mark is registered or protected under the trade mark law.