Maine Trademark, Service Mark and Right of Publicity Agreement
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FAQ
The proper manner to display these symbols is immediately following the mark; the symbol is commonly in superscript style, but that is not legally required. In many jurisdictions, only registered trademarks confer easily defended legal rights.
If your trademark a does not have a distinctive word, logo, picture or other sign that clearly identify your goods or services from those of other traders it will be rejected.
How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.
Registrable marks according to the TRIPS agreement states that any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark.
The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others.
Intent-to-use basis (under Section 1(b)) - you have a bona fide intention to use your mark in commerce with your goods and/or services in the near future. Foreign registration basis (under Section 44(e)) - you own a foreign registration of the same mark for the same goods and/or services from your country of origin.
Section 2(1) provides that a trade mark is any sign capable of being represented graphically. Graphic representation requires that the sign must be able to be represented visually, particularly by means of images, lines or characters, so that it can be precisely identified (see Ralf Sieckmann (Case C-273/00)).
A 1(b) intent-to-use trademark application is the proper type of USPTO filing basis (not based on a foreign filing) for situations where there is No use of mark yet but a bona fide intention to use the mark on the all of the goods or services listed in the application.
An identical trademark is classified as any mark that is a reproduction of an already registered trademark. For a trademark to be deemed as an identical trademark, it does not need to be an exact copy of another mark.
April 13, 2016. Under the United States Trademark laws, there are two different types of trademark applications available for trademark registration. The first is referred to as a 1(a) or currently in use in commerce application. The other is a 1(b) or intent to use application.
