South Dakota 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
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.
When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks). Before it is registered, it is common practice (with some legal standing) to use the service mark symbol 2120 (a superscript SM).
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.
Service marks are brand names or logos that identify a service provider; they can consist of a word, symbol, or design. Service marks are a form of intellectual property and are considered an intangible asset that is provided for the benefit of another.
Examples of a Service Mark Take for example a plumbing company. They may have a logo of a leaking faucet and wrench to identify their company. This logo would be a service mark because it identifies their plumbing services. Their name could also be service marked.
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.
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.
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.
Federal trademarks give you ownership across all 50 states, plus all U.S. territories. Federal trademarks allow you to use the ® symbol. You can file infringement suits in federal courts. Your mark will be listed in the U.S. Patent and Trademark Office (USPTO) database.
Geographic Area of Registration A federal trademark registration provides protection for a trademark, as well as constructive notice of the validity and ownership of the trademark, throughout all fifty U.S. states.