The U.S. Patent and Trademark Office is responsible for the registration of trademarks. Currently, several types of trademarks may be registered with the USPTO. Business owners should be familiar with trademark types so that they choose the appropriate one for a product or service.
Trademarks and Service Marks
The first distinction that any business owner must understand is the difference between a trademark and service mark. A trademark is a symbol that is used to identify goods that are produced, manufactured, transported, or distributed through interstate commerce. A service mark is a mark that is used to identify services offered by a business and that benefit another individual.
A trademark may be any word, symbol, name, or combination of these factors that is used to separate goods sold by an entity from goods sold by other entities. Target is an example of a company that uses a trademark to separate its symbol from other companies. The Target symbol is renowned throughout the world and associates the company with the products that it sells.
Registering a trademark has several advantages. If you register a trademark, you can provide notice to the public that you have ownership of the mark. You are also granted the exclusive right to use the mark, and the law recognizes this exclusive right. You will have the ability to file a lawsuit against anyone who uses your trademark. You may also record the trademark under U.S. law and hold any foreign companies accountable for infringing on your trademark. The law also provides you with the right to use the federal registration symbol. The USPTO will also maintain a public listing of your trademark in its online databases.
Certification Marks
A certification mark is a symbol, name, device, or combination of these factors that is used to certify the geographic origin of a product. The certification mark is used by a seller to show that the product meets certain standards. The owner of the certification mark retains exclusive control of the mark.
The certification mark may play an important role in assuring consumers that a product has achieved compliance with certain legal regulations.
Collective Marks
The collective mark is used by a collective group of individuals that engage in interstate commerce. The group exercises exclusive control over the use of the collective mark. Collective marks may only be used by the members of the defined group. Certification marks differ from collective marks because they can be used by anyone who complies with the standards that have been defined by the mark’s owner.
If you wish to file a collective mark, you must specify the name of the organization. The application must also list the members who are authorized to use the collective trademark. Any conditions of membership or usage of the trademark must be listed in the application.
If you are interested in protecting a certain mark, phrase or word, you may want to consider securing a trademark for it. A trademark lawyer can assist you in the process of filing an application with the USPTO.
