Public Records Free Directory Blog

Trademarks can be an important aspect of a business.   A trademark can be a name, word, phrase, logo, symbol, design, image, or a combination of these.   Trademarks are used to identify and uniquely distinguish the products or services of a business, individual, or other entity.   Generally, marks used to distinguish products are referred to as trademarks, while marks used to distinguish services and the source of the services may be called €œservice marks. €   Titles and character names from radio and television programs could be service marks.  

So, why would you need a trademark? Trademarks are considered to be a form of property, which is established through registration of the mark with a trademark office.   Trademarks and service marks are generally associated with creating a brand name for your product or service.   You may have worked hard to create a name for your product, and do not want someone else profiting off of the name you €™ve created.   So, once you own the trademark, it also creates a legal right.   No one can use your trademark without express authorization from you.   If someone chooses to use your trademark, then you have the right to sue them and seek financial or other compensation.    Also, trademarks generally prevent others from using products that are identical or very similar.  

One important distinction to keep in mind is that a business name typically does not qualify as a trademark unless the name is used to identify a product or a service produced by the business.   There are other protections that can be used for registering a business, such as registering the businesses as a corporation or a limited liability company.   So, while a business name identifies the entity which does business, a trademark identifies the goods sold by the business.  

There are three requirements to establish a trademark: there must be a word, name, symbol, device, or a combination of these; it must be used by the manufacturer or merchant or there must be intent for it to be used; and the goods/services must be identified and distinguished from the products of others.   In simple terms, a trademark must identify goods to be sold, and it cannot cause confusion in the minds of consumers.

So, if you are thinking of starting your own business, manufacturing or selling your own products, you should review trademark registrations to make sure no one else thought of the idea already.   Trademarks are governed by both state and federal law.   While there are federal rules and registrations, many also choose to register their trademark with a state and according to state laws.   While state laws generally similar to federal trademark laws, there may be some distinctions.   Federal trademark records can typically be found with the U.S. Patent and Trademark Commission; while state registered trademarks records are generally managed by the Secretary of State in each state.   The US Patent and Trademark Commission and most Secretaries of State provide online access where search options can include owner name, registration name, city, or phrase.   The Free Public Records Directory provides easy access with links and contact information to the searchable state and federal trademark registration databases.