FLORIDA TRADE MARK
AND SERVICE MARK REGISTRATIONS

 

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 standard categories.

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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