Utah 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
Use in Commerce and Distinctiveness Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive.
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark (or servicemark) is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.
There is: a trademark identifies the source of goods (like, shoes or laptops) and a service mark identifies the source of services (like, landscaping or accounting). Although "trademarks" are legally different from "service marks", it's OK to informally refer to a service mark as a trademark.
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.
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.
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 trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It's how customers recognize you in the marketplace and distinguish you from your competitors. The word trademark can refer to both trademarks and service marks.
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.
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. For example, the service mark of a plumber might be "The Leak Fixers" with or without a distinctive logo.
United States law protects the originators of ideas and products through the use of trademarks, services marks, patents and copyrights. When you refer to a trademarked or service marked products or service, you should note this with the trademark or service mark symbol.
