Trademarks, Service Marks & Trade Names

Overview

A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller’s products and distinguish them from the products of another. When such marks are used to identify services rather than products, they are called service marks and are generally treated just the same as trademarks. Trademarks and service marks may be registered with the applicable State’s Secretary of State or the United States Patent and Trademark Office (“USPTO”). Hull Barrett provides a full array of services for trademark registration, docketing, renewal, policing, and management.

Importance of Trademark Law and Service Mark Law

The trademark registration process is a complex legal proceeding and requires you to satisfy many requirements within strict time deadlines. The process begins with an extensive search of state and federal trademark registrations as well as sources of common law use. If Hull Barrett determines your mark to be worthy of registration, our attorneys will file an application for you. The registration process requires extensive negotiation with the USPTO and commonly takes between one and two years from filing the application to registration. Unfortunately, no attorney can guarantee registration, but the Firm will perform at the highest level to advocate for the registration of your mark. Finally, after registration, the mark must be renewed at certain periods of time as provided by statute. Accordingly, the Firm offers docketing and renewal services to meet these needs.

A trademark is different from a copyright. A copyright is the exclusive legal right given to an originator or assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. The Firm provides services for copyright registration. More information on copyrights can be found HERE.

A trademark or service mark is different from a patent. A patent is a limited duration exclusive property right relating to an invention, granted by the USPTO in exchange for public disclosure of the invention.