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Most states have adopted either the Uniform Deceptive Trade Practices Act or the Model Trademark Bill. Unregistered trademarks may still be protected by common law and unfair competition laws. If you do not register your trademark, you will have legal rights only within the geographic areas where you operate.
Trademark vs. Service Mark. The bottom line is that a trademark represents a product produced by a business while a service mark represents a service offered by the business. A single business can register both trademarks and service marks to brand themselves.
You can also amend your trademark to remove goods and services. However, you cannot add new goods and services to it. Similarly, if you'd like to create a new version of your trademark for a new good or service, you'll have to file a new trademark application. The USPTO allows amendments in very limited circumstances.
A service mark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term "trademark" is often used to refer to both trademarks and service marks.
A trade name is the name a business chooses to do business under. It is commonly known as the ?doing business as? (DBA) name and can differ from the company's business name. If you produce goods, you would be applying for a trademark. If you ?produce? or provide a service, you would be applying for a service mark.
Register a trademark for comprehensive brand protection A registered trademark doesn't just protect you against a business that uses your exact same brand name. It also gives you rights against any business anywhere in the country that uses a brand name that is similar and might confuse customers.
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.
The United States Patent and Trademark Office (USPTO) allows trademark applicants to include several goods and/or services spanning multiple classes on a single trademark application submission.
A brand name may be a company name or a name ascribed to a particular product or service. It is what the company uses to represent its goods and services and what consumers use to refer back these goods and services to their source. A trade mark is an intellectual property right that protects a brand.
Trademarking your brand is great if you're worried about people using it unfairly, without your permission. It's also great if you're expanding to operate in several states. But a trademark is never fully necessary ? it just offers extra protection ? and obtaining it can be a long process.