The Internicola Law Firm, P.C.

Should I Apply For A Trademark Or A Service Mark?

When you start a business in New York, it is important to take the necessary steps to protect your intellectual property. This means protecting any mottos, logos, names, sounds, or marketing devices that you use. To do so, you can register your property with the United States Patent and Trademark Office (USPTO). But you'll need to be able to differentiate between a trademark and a service mark.

While a trademark will designate products or goods, such as clothes or electronic devices, a service mark will designate a business service, such as food services or transportation. For instance, while Kellogg's brand requires a trademark for their wide variety of goods, Bank of America requires a service mark for their range of financial services. To know which of these two marks would fit your business, you can get the professional advice of a New York business attorney.

Once you are ready to register your mark, you can do so by filing an application at the USPTO website. The website offers a range of services to assist you with the registration. While a first response to your application may take up to four months, it may take years for the USPTO to grant your intellectual property rights. A New York business attorney can help you with any legal issues that may arise.

If you plan to own a business in New York, then you may want to protect your intellectual property. To know whether to register a trademark or a service mark, you can visit our article What Is The Difference Between A Trademark And A Service Mark? 

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