• A name or logo in many cases overtime becomes a company’ s most valuable asset.
• Registering a California Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
• A registered California Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
• A registered California Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
• A registered California Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.

• The mark must be filed under the owner’s name. The owner must provide the goods or services under the California Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type of entity must be specified.
• A description of the products or the advertising or promotional materials the mark has been placed upon.
• A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.

A Florida service mark is the same as a Florida Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a Florida Trademark or Servicemark?

• A name or logo in many cases overtime becomes a company’ s most valuable asset.
• Registering a Florida Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
• A registered Florida Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
• A registered Florida Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
• A registered Florida Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.

Florida Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?

Liability. The bottom line is that if you personally own a Florida Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.

Yes, if it meets Florida Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Florida Trademark or Servicemark to protect your business from copycats.

• The mark must be filed under the owner’s name. The owner must provide the goods or services under the Florida Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type of entity must be specified.
• A description of the products or the advertising or promotional materials the mark has been placed upon.
• A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.

The registration process may typically take around four to six weeks to wrap up.

After a Florida Trademark has registered, the owner of a Florida Trademark may change for various reasons. Some Florida Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Florida Trademark owners change their names while retaining ownership. In both instances, it is advised that Florida Trademark owners to record the ownership transfers.

We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.

Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.

Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Florida Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Florida Trademark or Servicemark. A Florida Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Florida Trademark may be very valuable.

Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.

Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:

A New York service mark is the same as a New York Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a New York Trademark or Servicemark?

• A name or logo in many cases overtime becomes a company’ s most valuable asset.
• Registering a New York Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
• A registered New York Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
• A registered New York Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
• A registered New York Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.

New York Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?

Liability. The bottom line is that if you personally own a New York Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.

Yes, if it meets New York Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a New York Trademark or Servicemark to protect your business from copycats.

• The mark must be filed under the owner’s name. The owner must provide the goods or services under the New York Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type of entity must be specified.
• A description of the products or the advertising or promotional materials the mark has been placed upon.
• A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.

The registration process may typically take around four to six weeks to wrap up.

After a New York Trademark has registered, the owner of a New York Trademark may change for various reasons. Some New York Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some New York Trademark owners change their names while retaining ownership. In both instances, it is advised that New York Trademark owners to record the ownership transfers.

We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.

Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.

Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a New York Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a New York Trademark or Servicemark. A New York Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered New York Trademark may be very valuable.

Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.

Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:

A New Jersey service mark is the same as a New Jersey Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a New Jersey Trademark or Servicemark?

• A name or logo in many cases overtime becomes a company’ s most valuable asset.
• Registering a New Jersey Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
• A registered New Jersey Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
• A registered New Jersey Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
• A registered New Jersey Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.

New Jersey Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?

Liability. The bottom line is that if you personally own a New Jersey Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.

Yes, if it meets New Jersey Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a New Jersey Trademark or Servicemark to protect your business from copycats.

• The mark must be filed under the owner’s name. The owner must provide the goods or services under the New Jersey Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type of entity must be specified.
• A description of the products or the advertising or promotional materials the mark has been placed upon.
• A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.

The registration process may typically take around four to six weeks to wrap up.

After a New Jersey Trademark has registered, the owner of a New Jersey Trademark may change for various reasons. Some New Jersey Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some New Jersey Trademark owners change their names while retaining ownership. In both instances, it is advised that New Jersey Trademark owners to record the ownership transfers.

We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.

Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.

Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a New Jersey Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a New Jersey Trademark or Servicemark. A New Jersey Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered New Jersey Trademark may be very valuable.

Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.

Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:

A Georgia service mark is the same as a Georgia Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a Georgia Trademark or Servicemark?

• A name or logo in many cases overtime becomes a company’ s most valuable asset.
• Registering a Georgia Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
• A registered Georgia Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
• A registered Georgia Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
• A registered Georgia Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.

Georgia Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?

Liability. The bottom line is that if you personally own a Georgia Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.

Yes, if it meets Georgia Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Georgia Trademark or Servicemark to protect your business from copycats.

• The mark must be filed under the owner’s name. The owner must provide the goods or services under the Georgia Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type of entity must be specified.
• A description of the products or the advertising or promotional materials the mark has been placed upon.
• A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.

The registration process may typically take around four to six weeks to wrap up.

After a Georgia Trademark has registered, the owner of a Georgia Trademark may change for various reasons. Some Georgia Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Georgia Trademark owners change their names while retaining ownership. In both instances, it is advised that Georgia Trademark owners to record the ownership transfers.

We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.

Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.

Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Georgia Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Georgia Trademark or Servicemark. A Georgia Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Georgia Trademark may be very valuable.

Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.

Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:

A Georgia service mark is the same as a Nevada Trademark, except that it identifies and distinguishes the source of a service rather than a product.

• A name or logo in many cases overtime becomes a company’ s most valuable asset.
• Registering a Georgia Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
• A registered Georgia Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
• A registered Georgia Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
• A registered Georgia Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.

Nevada Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?

Liability. The bottom line is that if you personally own a Nevada Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.

Yes, if it meets Nevada Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Nevada Trademark or Servicemark to protect your business from copycats.

• The mark must be filed under the owner’s name. The owner must provide the goods or services under the Nevada Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type of entity must be specified.
• A description of the products or the advertising or promotional materials the mark has been placed upon.
• A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.

The registration process may typically take around four to six weeks to wrap up.

After a Nevada Trademark has registered, the owner of a Nevada Trademark may change for various reasons. Some Nevada Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Nevada Trademark owners change their names while retaining ownership. In both instances, it is advised that Nevada Trademark owners to record the ownership transfers.

We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.

Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.

Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Nevada Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Nevada Trademark or Servicemark. A Nevada Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Nevada Trademark may be very valuable.

Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.

Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:

A Georgia service mark is the same as a Delaware Trademark, except that it identifies and distinguishes the source of a service rather than a product.

• A name or logo in many cases overtime becomes a company’ s most valuable asset.
• Registering a Georgia Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
• A registered Georgia Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
• A registered Georgia Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
• A registered Georgia Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.

Delaware Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?

Liability. The bottom line is that if you personally own a Delaware Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.

Yes, if it meets Delaware Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Delaware Trademark or Servicemark to protect your business from copycats.

• The mark must be filed under the owner’s name. The owner must provide the goods or services under the Delaware Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type of entity must be specified.
• A description of the products or the advertising or promotional materials the mark has been placed upon.
• A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.

The registration process may typically take around four to six weeks to wrap up.

After a Delaware Trademark has registered, the owner of a Delaware Trademark may change for various reasons. Some Delaware Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Delaware Trademark owners change their names while retaining ownership. In both instances, it is advised that Delaware Trademark owners to record the ownership transfers.

We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.

Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.

Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Delaware Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Delaware Trademark or Servicemark. A Delaware Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Delaware Trademark may be very valuable.

Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.

Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:

A Georgia service mark is the same as a Illinois Trademark, except that it identifies and distinguishes the source of a service rather than a product.

• A name or logo in many cases overtime becomes a company’ s most valuable asset.
• Registering a Georgia Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
• A registered Georgia Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
• A registered Georgia Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
• A registered Georgia Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.

Illinois Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?

Liability. The bottom line is that if you personally own a Illinois Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.

Yes, if it meets Illinois Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Illinois Trademark or Servicemark to protect your business from copycats.

• The mark must be filed under the owner’s name. The owner must provide the goods or services under the Delaware Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type of entity must be specified.
• A description of the products or the advertising or promotional materials the mark has been placed upon.
• A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.

The registration process may typically take around four to six weeks to wrap up.

After a Illinois Trademark has registered, the owner of a Illinois Trademark may change for various reasons. Some Illinois Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Illinois Trademark owners change their names while retaining ownership. In both instances, it is advised that Illinois Trademark owners to record the ownership transfers.

We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.

Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.

Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Illinois Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Illinois Trademark or Servicemark. A Illinois Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Illinois Trademark may be very valuable.

Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.

Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark: