West Virginia 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
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: Identifies the source of your goods or 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.
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.
It is still possible for two different businesses to have similar names are marks. For example, Delta Faucets and Delta Airlines have obviously similar names. However, the question is determined by the potential for the confusion of consumers.
You can register a trademark by going to the Secretary of State website ( ), and filling out an application there.
Service Mark Examples A restaurant or retail store might deal in physical items, but they actually require service marks. The McDonald's brand name is a registered service mark for restaurant services.
The non-refundable registration fee is $30.00 per class (one mark in two classes is $60). Registration is valid only within the Commonwealth of Virginia for the duration of five years and may be renewed in five year increments.
To federally register a trademark, you must submit a trademark registration to the United States Patent and Trademark Office, or USPTO. There, your application will be reviewed by an examining attorney. This US government attorney will compare your mark to existing trademarks to be sure there is no conflict.
How do I submit a disclaimer? You should respond to a disclaimer requirement in a nonfinal Office action by using the Trademark Electronic Application System (TEAS) Response to Office Action form, which includes any required statement and supporting declaration language referenced in the Office action.
The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).