New Mexico Trademark Assignment and License Agreement Regarding Design Mark

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Multi-State
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US-1015BG
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Word; 
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Description

A "trademark" is a word, design or combination used by an individual or a business to identify its goods or services. In some cases a trademark can also be a sensory mark--a sound, a color or a smell. Trademarks protect names used to identify goods (or services) and their source of origin. The law protects trademarks in part because trademarked items tend to carry with them certain quality assurances. You may use any kind of name or symbol as a trademark to identify your product. A license is a contractual right that gives someone permission to do a certain activity or to use certain property owned by someone else. Licensing agreement is an agreement between two enterprises allowing one to sell the other's property such as products or services and to use their name, sales literature, trademarks, copyrights, etc. in a limited manner. The stylized logo (also known as a design mark) is used to register words and/or letters having a particular stylized appearance, a mark consisting of a design element, or a combination of stylized wording and design. In other words, a design mark can protect a logo with or without words.
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FAQ

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive. Words and designs that lack any distinctiveness fall into a fifth category, generic, and cannot function as trademarks.

In the United States, every designer automatically owns the copyright to their work, except for in the work-for-hire situations mentioned above. There's no need to register a copyright with the US Patent and Trademark Office like there is to get the protections that come with patenting a concept.

Yes, you can trademark a design as long as it's used in the promotion of you business. For example, you can trademark logos, product packaging, and color schemes.

There are several ways to protect your artifacts, designs, products, services and systems and these are: copyrights, trademarks, trade secrets, design registration, utility patents, industrial design rights, trade dress. This page lists available ways to protect your designs, but for more details contact an IP lawyer.

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.

If you are applying for a design mark such as a logo and all the words in the logo are generic, it is possible that the trademark examining attorney may require a disclaimer of all the wording. What you would be left with is a registration protecting the design aspects of the mark, but not the wording.

A trademark protects your right to use a design that identifies your business's goods or services. You might trademark a design for a logo, a label or product packaging. You gain trademark protection by using the design in business. A copyright protects original works of authorship.

Yes, you can trademark a design as long as it's used in the promotion of you business. For example, you can trademark logos, product packaging, and color schemes.

A trademark design is any word or icon that represents a company's name, or its brands, products, or services. Trademark design must meet USPTO standards.

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New Mexico Trademark Assignment and License Agreement Regarding Design Mark