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What is a Trademark or Service Mark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from others.

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product

Do Trademarks, Copyrights and Patents protect the same things?
No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention.

Trademark Applications

The application must be filed in the name of the owner of the mark. The owner of the mark is the person or entity who controls the nature and quality of the goods identified by the mark and/or the services rendered in connection with the mark. The owner may be an individual, corporation, partnership, or other type of legal entity.

Do I have to be a U.S. citizen to apply? No. However, if you do not reside in the United States, you may appoint a "domestic representative" as part of the application process. Do I need an attorney to file a trademark application

No, although it may be desirable to employ an attorney who is familiar with trademark matters. An applicant must comply with all substantive and procedural requirements of the Trademark Act and Trademark Rules of Practice even if he or she is not represented by an attorney. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Trademark search firms are often listed in the yellow pages under the heading "Trademark Search Services" or "Patent and Trademark Search Services." The USPTO cannot aid in the selection of a search firm or an attorney.

Preparing U.S. Trademark Applications is a book. The $69 book is a now in its third edition, is a practical guide that walks you through the preparation of an application to register a mark and provides clear step-by-step instructions to ensure accuracy.

Informational requirements of major sections of the application are explained, as are the consequences of making incomplete or incorrect entries. Special requirements of increasingly used electronic filing, intent-to-use applications, collective and certification marks, and applications based on foreign registrations are highlighted. A checklist of core requirements and sample forms in the Appendix round out the content of this invaluable training tool and desktop reference. Author: Kent Auberry, James Simmons, Elizabeth Wang

Source: http://www.uspto.gov

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