FLORIDA TRADE MARK
AND SERVICE MARK
A trademark or trade mark is a
distinctive sign of some kind which is used by an
individual, business organization or other legal entity to
uniquely identify the source of its products and/or services
to consumers, and to distinguish its products or services
from those of other entities.
A trademark is a type of intellectual
property, and typically comprises a name, word, phrase,
logo, symbol, design, image, or a combination of these
elements. There is also a range of non-conventional
trademarks comprising marks which do not fall into these
In some countries, notably the United States, a trademark
used to identify a service rather than a product is called a
service mark (SM). Under the U.S. law, service marks have a
different standard of use in order to count as a use in
commerce, which is necessary to complete registration and to
stop infringement by competitors.
A trademark normally needs to be used
on or directly in association with the sale of goods, such
as on a store display. As services are not defined by a
concrete product, use of a service mark in advertisements is
instead accepted as a use in commerce.
Copyright 2007, 2008 Steven A. Culbreath, Esq. All Rights Reserved.
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