Massachusetts Collateral Assignment of Trademarks
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FAQ
Trademarks and other intellectual property can be critical to a borrower's financial success and may represent a significant portion of the value of the borrower's business. Thus, trademarks may be an important part of the lender's collateral.
If your company sells an item or multiple items, you'd need to trademark the mark used to represent the business. If you have a company that provides a service, focus on the service mark. Using TM in your mark represents trademark and SM represents service mark. Neither holds any legal significance.
A service mark is a brand name or logo that identifies a business. Service marks can consist of words, phrases, symbols, designs, or some combination of these elements, which are all a form of intellectual property. Service marks identify a brand and the quality associated with it.
The word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
Although you can apply for trademark protection for your name and logo concurrently, each is considered a separate mark. As such, each mark (i.e. your standard character mark and your design mark) requires its own application.
To register your Massachusetts LLC, you'll need to file the Certificate of Organization with the Massachusetts Secretary of the Commonwealth. You can apply online or by mail. Read our Form an LLC in Massachusetts guide for details. Or use a professional service like ZenBusiness or to form your LLC for you.
A service mark offers the same type of protection as a trademark, except that rather than identifying the source of goods, a service mark identifies a business that provides a service or services rather than goods.
Section 45 of the Trademark Act, 15 U.S.C. §1127 defines a service mark as any word, name, symbol, device or any combination thereof used to indicate the source of the services and to identify and distinguish the services of one party or entity from the services of others.
Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.
The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.
