New Hampshire Trademark, Service Mark and Right of Publicity Agreement
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How to fill out Trademark, Service Mark And Right Of Publicity Agreement?
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FAQ
Here in New Hampshire, making an application for a state trademark registration is simple, low cost, and can be completed online. The application fee is $50.00, plus a $2.00 electronic filing convenience fee.
But generally speaking, it is best to form the business first. Why? The trademark needs to be owned by someone. The trademark owner is typically going to be the one who is using the trademark.
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.
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.
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.
If you have not registered first, you could be stopped from using your trade mark if someone else obtains a registration. The registration of trade marks can sometimes get complicated and it is essential that you get it right at the beginning.
Here is what all this means for you and your brand.Trademark Requirement #1 No conflicts with other registered marks.Trademark Requirement #2 Trademark distinctiveness.Trademark Requirement #3 Use in commerce.Trademark Requirement #4 Capability to be a brand identifier.In the end, it comes down to this:
The Bottom Line. 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.
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.
Conclusion. If the word(s) element of your brand is registrable and your budget is tight register the word mark. However if budget allows, then separately register your logos too. It is tempting to think that if you register just the combination you get the best of both worlds.