WHAT IS A TRADEMARK? WHAT IS A SERVICE MARK?


According to the United States Patent and Trademark Office (USPTO): "A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.

A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks."

DO I NEED TO HIRE AN ONLINE TRADEMARK LAWYER?

Hiring a trademark lawyer is one of the most cost effective investment a trademark owner can do. A trademark attorney usually requires a flat fee to file your application. In exchange, the trade mark lawyer, will (1) perform a preliminary trademark search, (2) advise you regarding the best approach to registration, (3) file you application and (4) respond to at least one office action letter. When you add up the different services an internet trademark lawyer provides

Many clients make the mistake of filing a trademark application on their own. Many figure, why pay a trademark attorney the extra fee. In reality, when al;l the fees are calculated, when hiring a trademark lawyer, you are essentially getting the application filed for free.

WHAT CAN AN ONLINE TRADEMARK LAWYER DO FOR YOUR BUSINESS?

An Online Trademark Lawyer can help you protect your name, website and brand by developing a strong federal, state and international trademark registration strategy.

• Do you want to register your domain name as a trademark?
• Do you need to register your company or products' names with the USPTO?
• Is someone using your Trademark as Keyword in Google AdWords or other PPC campaign?
• Is someone using your Trademark in order t confuse consumers?

SHOULD I REGISTER MY TRADEMARK?

Legal rights to your internet or mobile trademark are created when you begin using your mark in commerce. As a result, you have common law rights to your trademark whether or not your register it with the United States Patent and Trademark Office (USPTO). The question is then: Should you register your trademark?

Federal Trademark registration of your online. mobile or digital product is prudent, forward thinking business strategy. Given the world wide reach of digital products, web 2.0 companies need to be far more concerned about protecting heir trademarks than traditional companies. You've worked hard to develop an online or mobile product or service. It would be a shame if a potential competitor could take advantage of the goodwill and market power you've developed. Speak with our web trademark attorney about trademark registration of your online and mobile products.

There are several advantages conferred on trademark owners who register their marks with the USPTO. Among a number of advantages, the following are benefits of a registration (source: www.uspto.gov):

• constructive notice to the public of the registrant's claim of ownership of the mark;

• a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
• the ability to bring an action concerning the mark in federal court;
• the use of the U.S registration as a basis to obtain registration in foreign countries; and
• the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
• For a full explanation why registration is critical to your online and mobile business ...

I JUST RECEIVED AN OFFICE ACTION LETTER FROM THE USPTO. WHTDO I DO NEXT?

SOMEONE REGISTERED MY TRADEMARK AS A DOMAIN NAME OR URL. WHAT CAN I DO?

WHERE DO YOU GO FROM HERE?


Have questions for our Web Trademark Lawyer about registering your Online, Mobile or Software trademarks, contact our Online Trademark Attorney.

Take a look at the list of clients then contact Lior Leser for a FREE consultation. With his unqiue education and background, no other attorney is as well placed or trained to help you with your unique ideas.