TYPES OF TRADEMARKS
There are at least four separate types of trademarks, all of which identify different types of sources.
Trademarks
Which type of trademark do you need?
There are at least four separate types, or categories, of trademarks. Each type helps identify the mark’s different sources and offers their individual protections.
The four major categories are:
Trademark
While trademark is generally used to denote any kind of source identifier, it technically refers to an identifier for a source of products. Some examples are Apple iPods, Angry Birds Apps, Coca Cola Beverages, and Chevrolet Vehicles.
Service Mark
A service mark is used to promote services and events. For example, the “Law Offices of Konrad Sherinian,” and “World Class Legal Counsel on Intellectual Property and Technology” are service marks, in that they are associated with the services of this law firm. Other examples are: Amazon.com, H&R Block, and JiffyLube.
Certification Mark
A certification mark is an identifier used by an organization to certify the products or services provided by others. For example, the mark “UL” is used to certify that Underwriters Laboratories has determined that a particular product meets certain standards relating to health and safety. Another example would be “Roquefort,” which certifies that certain dairy products are made solely from sheeps milk and cured in the natural caves of the Roquefort community in France.
Collective Mark
A collective mark identifies membership in a particular organization, such as a union, or association, or products or services of the members. For example, the member of a trade union is free to use the union’s collective mark on her products, or to identify work that s/he has done. On the other hand, if the union itself were to sell t-shirts to identify its members, it would be using the mark as a trademark rather than as a collective mark.
Trademark 101
Watch Our Video
Watch our Trademark 101 video on trademarks. It covers a lot of the basics in less than five minutes, and is presented by Konrad Sherinian, one of the most experienced trademark attorneys in the United States.
Call for a Consultation
(630) 318-2606
Let's Talk About Your Trademark
Phone Consultation
Find it easier to talk rather than write? Have a lot of questions you want to ask? Let's talk over the phone.
Virtual Consultation
Need to share something on screen with us? Like to see who you are working with? Let's get online.
In-Person Consultation
Prefer a face-to-face and a handshake? We have offices in Chicago or Naperville, Illinois.
If you have questions about the selection, registration, protection, or enforcement of your mark, talk to us. We offer experienced advice on the availability, registration, use, and enforcement of trademarks.
Available 24/7
Trademark FAQs
Here’s a list of the most frequently asked questions about trademarks. Open each to see our pages dedicated to that topic.
trademark?
A trademark is a distinctive sign, logo, or other symbol that identifies a business, its products, or its services.
How do I trademark a name or logo?
You can trademark a name or logo by applying to a trademark office, conducting a thorough search, and filing an application.
What is the USPTO?
The US Patent and Trademark Office (USPTO) is the federal agency responsible for granting patents and registering trademarks.
Why is a trademark search necessary?
A trademark search ensures your intended trademark is not already in use, thereby preventing potential legal conflicts.
What challenges might I face during a trademark search?
You may need help identifying similar sounding, appearing, or meaning trademarks. Hiring a trademark professional can help navigate these challenges.
What Kinds of Things Can I Trademark?
You can trademark more than your company’s logo. A trademark attorney in Chicago, IL can help you decide what items you can and should register as a trademark. For example, your lawyer may advise you to trademark a slogan or catchphrase.
See our page on trademarks for a more detailed answer.
Do I need trademark or copyright protection?
It might be difficult to understand whether or not you need to register a trademark or a copyright. Both are a type of intellectual property and can protect the rights to your creation or idea.
A copyright is a type of protection for an author’s “original works of authorship”. This could include music, art, screenplays, literary works, and so forth. Copyright does not protect intellectual property such as a slogan, name, title, or short phrase – those are definitely best protected by a trademark.
In some cases, such as a symbol, design, lettering, coloring, or typography, both a copyright and a trademark can provide protection.
A trademark offers the protection of a word, phrase, symbol, design or a combination of these.
It is possible that a logo be protected by copyright and trademark, but this will be dependent upon the amount of originality within the logo. In general the more ornate a logo is, and the more creativity it has, the better chance that it could be protected by both types of intellectual property.
If you have written a novel and are getting ready to publish it, you will likely want to pursue a copyright registration.
Do I need a trademark or patent?
There are many misconceptions concerning patents and a company’s trademark. Simply put, a patent is there to protect a new invention, while a trademark protects the specific branding that goes into promoting that new invention. For example, a patent could be for a specific type of sneaker, and the trademark is how that company markets it.
How much does it cost to hire a trademark attorney?
We offer personalized fixed fee services for Federal trademarks. Reach out to us for a quote based on your specific requirements and to know the average cost for trademark attorney.
What is the average cost of a trademark infringement lawsuit?
Trademark infringement lawsuits can be costly, varying depending on the complexity of the case. Proactively securing your trademark helps minimize the risk of such lawsuits.
How much does it cost to trademark something?
The cost of trademark registration depends on various factors. Contact our law firm for a comprehensive breakdown of the fees involved and trademark price.
What are the filing fees for a trademark application?
Filing fees for a trademark application include USPTO fees for filing your trademarks, examination fees associated with your examining attorney, and maintenance fees. We'll guide you through the fee structure and help you understand the costs.
Why should I hire a trademark attorney?
A trademark attorney ensures that your brand is legally protected and maximizes its value. They save you time, effort, and potential legal costs in the long run.
Experienced Trademark Attorneys
With decades of experience in trademark law, we have helped scores of companies protect their brands. Our team of skilled trademark lawyers and paralegals regularly prepare and prosecute state and federal trademark applications. Throughout the years, we have built an impressive network of other legal professionals outside the state and country, who are able to assist us in international trademark matters. It’s hard to find the experience Sherinian Law brings to the table.
