Trademark OR Service Mark my business name?

[SoFloLivin]

What is the name of your state (only U.S. law)? Florida

Hi everyone.

I am starting a hot rod/classic car business soon to be moved to a warehouse in my area. I have registered my domain, created logo, have the inventory, etc.

My thing is, before I start my marketing campaign, the name of my business and protecting it has me all confused!

A Trademark protects intellectual property pertaining to a particular product (correct me if I'm wrong). Now, a Service Mark protecting the right to a particular service... OK

So, my question is:

If I have a unique name that I want to protect here in the US as a brand, the name of my personal business, but it involves a SERVICE providing a PRODUCT to the public.... what do I file for?

If this doesn't make sense, then ask away. I appreciate any feedback!

 

[quincy]

What is the name of your state (only U.S. law)? Florida

Hi everyone.

I am starting a hot rod/classic car business soon to be moved to a warehouse in my area. I have registered my domain, created logo, have the inventory, etc.

My thing is, before I start my marketing campaign, the name of my business and protecting it has me all confused!

A Trademark protects intellectual property pertaining to a particular product (correct me if I'm wrong). Now, a Service Mark protecting the right to a particular service... OK

So, my question is:

If I have a unique name that I want to protect here in the US as a brand, the name of my personal business, but it involves a SERVICE providing a PRODUCT to the public.... what do I file for?

If this doesn't make sense, then ask away. I appreciate any feedback!

First, a trademark identifies a company and its products. Through its trademark, a company and its products are distinguished from all others. The trademark identifier can be a name, a logo, a unique symbol, a combination of words, colors, numbers, some or all of these, and more.

A service mark does the same thing that a trademark does and in the same way, but for a company and its services.

The differences between a trademark and a service mark are slight and most people will use the term "trademark" to describe both types of marks.

Because many companies use the same identifier for their company, their product and their service, these companies will often register their mark as a trademark.

The protections offered under federal law for both trademarks and service marks are essentially the same. One difference is that some states do not allow for the state registration of a service mark even when trademarks can be state-registered.

To add to your possible confusion , there is also trade dress, which can identify a company's product or service through its presentation to the public (identifying shapes, decors, color combinations).

Because you are starting a new business, you would be smart to review all aspects of your business with a legal professional in your area, to identify any possible problems in advance so that you can remedy them prior to start up.

Good luck.

 

[SoFloLivin]

Thank you very much for the insight!

 

[quincy]

You're welcome, SoFloLivin.


One additional note: The logo you created, if it has an original design and is creative enough, could entitle it to protection under copyright laws as well as trademark laws. You may wish to look into registering your logo with the Copyright Office, if you believe your logo meets these requirements.

Again, good luck with your car business.