New Mexico Trademark Search

State:
Multi-State
Control #:
US-Q1037
Format:
Word; 
Rich Text
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

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.

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.

Both of these are counted as a different legal creature and the rules governing them are also different but the motives and procedures are the same for both of them just the main difference is that service mark is only for the services provided and trademark can be for anything unique in the market.

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

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.

A service mark is the same type of device as a trademark, but service marks distinguish the services of one company from those of another provider. Service marks are often slogans.

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 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.

Use of trademark symbols is not actually required by law, but doing so is beneficial. In fact, the 2122 and SM symbols do not have any legal significance, but instead are informal ways of telling the world that you are claiming ownership of trademark rights in a word, phrase, and/or logo.

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.

More info

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New Mexico Trademark Search