Trademark Basics
The term Trademark is a general term used to describe both trademarks and service marks.
A Trademark is a word, phrase, symbol, or design, or combination of words, phrases, symbols, or designs which identifies and distinguishes the source of the goods of one party from those of others. A Trademark is used in connection with the sale of goods and usually appears on a product or packaging materials associated with the product.
A Service Mark identifies and distinguishes the source of a service (e.g., H & R BLOCK, for tax services, ACME LANDSCAPING, for a lawn cutting service. Usually, a Service Mark is used in advertising materials for the service.
Trademark law is a unique blend of State and Federal laws. That is, each State in the United States has its own laws regarding Trademarks and in addition to each State’s laws there is a separate and distinct set of Federal laws which govern Trademarks.
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