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Trademark or Servicemark Questionnaire

Nebraska Trademark or Servicemark Questionnaire

Category:

Copyrights Patents and Trademarks - Questionnaires

State:

Multi-State

Control #:

US-Q1037

Format:

Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a trademark or servicemark matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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FAQ

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.

Federal trademarks supersede state ones at almost every level. Besides having priority if the federal registration was filed first, the following benefits apply to possessing a federal as opposed to a state mark: Federal registrations give you a basis to file in other countries, including the Madrid Protocol.

If a federal registration is obtained before the use of a similar mark in a state, the federal registration has priority over the state registration. If there is any conflict between a federal and state trademark, the Court will most likely rule in favor of the federal registration.

Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. A generic trademark actually doesn't qualify for a trademark unless it includes more specific detail.

Trademarks The most common trademarks are business and product names, logos, and slogans, but non-traditional trademarks can be registered as well. Anything from a color scheme to a sound or even a smell can become a registered trademark if it represents your business in the marketplace.

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

State trademarks protect a mark only in the registered state(s), meanwhile a federal trademark protects the mark(s) nationwide and potentially can be used to obtain international trademarks through the WIPO World Intellectual Property Organization.

The registration also implies that the owner claims the right to exclusively use the trademark, so will most likely serve to dissuade other from attempting to use the same or a confusingly similar trademark. Another benefit to state registration is that the costs are significantly less than a federal registration.

What Is a Trademark and What Are the Types?Arbitrary and Fanciful Trademarks.Suggestive Trademarks.Descriptive Trademarks.

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