What is the difference between a Service Mark and a Trademark?
A service mark and a trademark are registered with the United States Patent and Trademark Office (USPTO).
In general, a service mark is for services, and a trademark is used for goods.
Both TM and SM can be used prior to registration with the USPTO.
Once a trademark or service mark has been registered, the ® is used to indicate that the mark is registered.
For example, if you’re an Amazon FBA seller, and want to register your physical goods brand – you would file for a trademark. However, if you have a PPC optimization software, then you would register for a service mark.
How long will it take to receive my USPTO trademark?
While we process most trademark applications within 24 hours after our consultation call, the USPTO process can take 6-10 months to complete.
During that time-frame, we’ll provide you with regular updates about the status of your application.
Do I Need a Trademark?
A trademark is required if you’re serious about building your private label brand.
After all, would you build your home on land that you don’t own? (The answer is…NO.)
What is trademark monitoring?
Once you have registered your trademark with the USPTO, you are obligated with monitoring your trademark for possible trademark infringement.
This entails searching for new trademark applications which may conflict with your registered trademark, and providing the other party with notice of the possible conflict.
It’s kind of like stopping trespassers before they step on your property.
What is an Office Action?
Office action is a document issued by the USPTO examining attorney rejecting a trademark application.
There are generally two reasons for the rejection of a trademark application.
The first reason for the rejection is for “informalities.”
This includes issues with the application such as failing to properly identify the legal entity (e.g. not providing all partners’ names in a partnership), not providing sufficient evidence to show use of the mark, or the application is lacking sufficient information for the examiner to determine the exact goods/services the applicant is providing.
This sort of action requires a “non-substantive” response, preferably, by an attorney.
The second reason is the actual mark/logo itself. The most frequent reason for these types of rejections are based on a “likelihood of confusion” with an existing registered trademark, or the trademark being too “generic” or “descriptive.”
This sort of action requires a “substantive” response, preferably, by an attorney.