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Trademark Attorney: Different types of Trademarks
Federal trademarks are filed with the USPTO and provide protection in all 50 states. To file for a federal trademark application the owner must be currently using or intending to use the mark in commerce across state lines.

State trademarks are typically filed with the state’s Secretary of State Office and provide for trademark protection within the state. Common Law trademark rights are obtained through use of the mark and are not governed by federal or state statute based on filing a trademark application, instead common law trademark rights developed under court created rights governed by state law.

Since common law trademark rights are obtained through use their scope is limited to the geographic area in which the mark is actually used or in areas it may naturally expand.

State trademarks are typically filed with the state’s Secretary of State Office and provide for trademark protection within the state. Common Law trademark rights are obtained through use of the mark and are not governed by federal or state statute based on filing a trademark application, instead common law trademark rights developed under court created rights governed by state law.

Since common law trademark rights are obtained through use their scope is limited to the geographic area in which the mark is actually used or in areas it may naturally expand.

If you wish to file a US trademark application please call trademark attorney Jeff Watson for a Free consultation at (704) 625-7747Email.

Definition of Trademark
A trademark is a form of protection for a product mark™ in the form of a word, name, phrase, tag-line (Standard Characters) symbol, graphic, color (Stylized and/or Design) or a combination word/graphic that identifies a product being introduced in the market place.

A service mark is a mark SM similar to a trademark, except it identifies a service being offered in the market place. The terms “trademark” and “mark” often are used to refer to both trademarks and service marks.

A trade name or a business name is the name a business uses for commercial purposes. (The legal name is the name registered with the state secretary of state office, such as ____ Inc., LLC or Partnership or the name used for contracts.)

DBA (doing business as) is a name of a business or operation other than the owner or proprietor’s name, or legal name such as Inc., LLC or Partnership of the business. Most jurisdictions require businesses operating with fictitious names to file a DBA statement for consumer protection purposes with the county and/or state.

How to create a great Trademark

1-       List all descriptive words and synonyms that describe your product or service

2-       Use the following rules to create your trademark from the list in step 1

a)       Cut & combine – i.e., Microcomputer & Software were cut and combined to make MicroSoft

b)       Cut – i.e., Intellectual (smart) cut to make Intel (smart computer chips)

c)       Misdirect – i.e., Apple a fruit, (Isaac Newton symbol of an apple is equated with smart)  to make Apple (a smart computer company)

d)       Make up a word- i.e., Google

Create a list of possible trademarks using the rules above.

3-       Search each possible trademark from step 2 on the Internet to see if it is in use.  If in use by someone else strike this possible trademark from your list

4-       Search www.godaddy.com to see if you can buy the domain name of your trademark? If available buy the domain with and without dashes between the words. i.e., www.inventorstartkit.com and www.inventor-start-kit.com

5-       Hire a trademark attorney to perform a federal trademark screening and file a US trademark application to protect your trademark.

Trademark Attorney Atlanta -Call trademark attorney Jeff Watson for a Free consultation at (704) 625-7747Email.

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