Different types of Trademarks

Federal trademarks are filed with the USPTO and provide protection in all 50 states. To file for a federal trademark application the owner must be currently using or intending to use the mark in commerce across state lines.

State trademarks are typically filed with the state’s Secretary of State Office and provide for trademark protection within the state. Common Law trademark rights are obtained through use of the mark and are not governed by federal or state statute based on filing a trademark application, instead common law trademark rights developed under court created rights governed by state law.

What is a Service Mark? A service mark (SM) is a mark similar to trademarks, except it is a form of protection used to brand or promote a service being offered in the market place. The terms “trademark” and “mark” often are used to refer to both trademarks and service marks.

What is a Trade Name? A trade name or a business name is the name a business uses for commercial purposes. (The legal name is the name registered with the state secretary of state office, such as ____ Inc., LLC or Partnership or the name used for contracts.)

What is Doing Business As? DBA (doing business as) is a name of a business or operation other than the owner or proprietor’s name, or legal name such as Inc., LLC or Partnership of the business. Most jurisdictions require businesses operating with fictitious names to file a DBA statement for consumer protection purposes with the county and/or state.

Since common law trademark rights are obtained through use their scope is limited to the geographic area in which the mark is actually used or in areas it may naturally expand.

Please contact a US trademark attorney at Grell & Watson 678-373-4747

We would be happy to discuss the different types of trademarks and your potential trademark application and answer any trademark questions.  We can trademark your product or service in all 50 states.