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Trade Marks and Service Marks

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Profit By An Image Upgrade!

You know your products or services are unique-- and better than the competition's. But how can you convey that to today's sophisticated consumers and prospects in today's saturated marketplace? One way is to add a service mark (SM) to your company, name or service, or to update your product's trademark (TM).

A TM is a word, symbol, design or any combination of those elements, a slogan or even a distinctive sound which identifies and distinguishes your goods from those of other firms. When it identifies a service it is called a service mark. TM's and SM's not only differentiate products or services, they promote and sell them. They provoke thought, evoke a mental image, or insure memorability through rhyme, alliteration, symbols or pictures, which helps to increase sales or billings. One of the deans of advertising, David Ogilvy, considered a product's brand mark-- the symbol, color or design aspect of its trademark to be a first-class ticket through life.

"Just do it", "Melts in your mouth, not in your hand",  "Membership has its privileges"....A Quaker man, a girl with an umbrella and box of salt, Aunt Jemimah...You know the companies, and their trademarks make you feel good about their products and services.

But TM's and SM's are not just for megacompanies. They're for any business seeking to win more business. Why not update your product's label with a new brand mark? Or, if you offer a line of services, consider giving them promotional names to enhance their appeal.

If yours is a service firm, boost your image with a slogan that shows up on your stationery, capabilities brochure, ads and specialty items. It's a good way to let people know you're growing, changing and innovating. Call us today for creative assistance with an image upgrade.

Little known facts about trademark registration

Federal registration is not necessary for trademark protection, but does provide the right to sue in Federal court for infringements. Many trademarks currently in use are simply protected by state and common law. We do, however, recommend a simple trademark search before publishing or applying a mark, even if registration seems unnecessary.

Before November 16, 1995, a trademark owner could file an application for a Federal registration only if the mark was in use on goods which were shipped or sold, or on services that were rendered, in commerce which could be controlled by Congress. After that date, the law changed, and intent to use is now the requirement for registering a trademark.

Prior to registration, many trademark owners use a TM or SM symbol to indicate a claim of ownership, even if no Federal trademark application is pending. The fee is approximately $300 for each class of goods or services for which application is made, plus legal services fees to verify the originality of the mark.

Please call on us for assistance with a trademark or service mark or for referrals to trademark attorneys.

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