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What Is The Difference Between A Trademark And A Service Mark? (Part B)

Marking your goods and services

While a business can use the letters TM to indicate a trademark on goods, it can use the letters SM to indicate a service mark on services. To know which of these should be applied to the business that you offer, you can get the professional advice of a New York business attorney.

Registering your trademarks and service marks

Before registering your mark, you must first do a comprehensive search of existing marks. This will prevent you from infringing on someone else's property rights. You can conduct a search of existing marks at the USPTO website. If there is a registered mark that is similar to yours, then you may be restricted from using it to identify your business, goods or services.

If there is not an existing trademark or service mark similar to your own, then you can apply for your mark directly through the USPTO website. The website has resources to help you through every step of the registration process. It can help you identify the type of mark you need, and file your application. You should receive a response to your application within 4 months of the initial filing.

The process on how long it will take for your application to be processed will depend on legal issues which may arise during the application examination. If you have legal issues with your trademark or service mark during the application process, then you will almost certainly need the help of a New York Business attorney.

If you are an entrepreneur who is interested in franchising your business request a complimentary copy of "The Franchise Formula: A Guide for Franchising Your Business in the New Economy". Offering expert help in New York, New Jersey and nationwide, business and franchise attorney Charles N. Internicola is ready to answer your questions about franchise, national and international trademarks, and any critical business matters that may arise. Contact us today - 1-800-976-4904.




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