TRADEMARKS IN THE USA
The words “trademark” and “service-mark” are often used by individuals, businesses both huge and small. In a world full of opportunities where new entrepreneurs are emerging each day and the start-up culture is ravishing, the terms hold extreme relevance. A mark, word, phrase, symbol, design or a combination thereof may be used to distinguish the goods of one person from that of another. Such a mark, when used for distinguishing services rather than goods, is often referred to as a service-mark.
IDENTIFYING GOOD AND SERVICES
A first step after you think of getting your trademark registered is to identify the category and class of goods or services in which the desired mark falls. An application must list the specific goods/services for which a trademark/ service-mark is being used or is intended to be used. The application for registration may either be based on goods or services already in “use in commerce” or on a “bona fide intent to use the mark”.
DEPICTING THE MARK
A mark must be properly depicted in the application for registration through a clear image or drawing of it. This drawing is then used for printing on the registration certificate and is also uploaded on the USPTO website. The depiction is, thus, available in the public domain and can be in either of the following forms:
§ Standard character drawing: A standard character mark is the most-simple form of a trademark consisting of words, letters, or numbers only. The drawing in standard character form does not depict any particular font, color, design style, Roman or Arabic numerals etc.