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Trademarks ^TM & Service Marks ^SM

Trademarks are for goods. Service marks are for services.

• One can trademark slogans (i.e. Where do you want to go today?), letters (i.e. HP), symbols (i.e. logos), sounds (Apple and Macintosh start up sound.

• One can register trademark by state or with federal government. To obtain protection throughout U.S. one should register with the U.S. Patent and Trademark Office.

• USPTO bases decision to grant trademark based on distinctiveness, industry

• One can use PTO site, do a NAMEPROTECT, or Thompson and Thomson to do a search to see if a trademark or similar mark is currently being used

• In U.S., first use in commerce matters in U.S. First to register in Europe.

• One cannot file trademarks that are deceptive, symbols of the United States, misappropriates names or likeness of a well-known person.

Related articles

• How to Protect Your Brilliant Idea (online.wsj.com)
• Intellectual Property – Claim it or Lose it (startupprofessionals.com)
• Filing a Trademark – What You Have To Do (stepbysteptips.com)