Do I register trademark or servicemark for business name and logo (website)?

[question4apro]

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

***

Let's say I created a website called "MOTRADES.COM", and let's say it stands for "Members Only Trades". The purpose of this website is to create a community where people can post items for sale or trade. I have secured the usernames "MOTRADES" for Facebook and Twitter.

I have a simple logo for this website, a box with the letters "MO" in the middle (vertical and horizontal) that I use on the web pages and as the icon.

I am familiar with filing a trademark, I helped a friend file his servicemark and trademark for his business. I only say this to let you know I have knowledge of the process, but not to say I'm in no way a pro at this.

I have enough money to file (2) marks. I want to get this right. I can file more down the road, but for now, cash is limited.

I'm getting confused on the product vs service part.

The question is two parts:

WEBSITE NAME:

I believe since it's both a product AND a service, so do I register it as a trademark or servicemark?

LOGO:

I have the same first question, whether it is (or represents) a service or a product, so I'm confused if I file it as a servicemark or trademark.

Do I file this as a basic word mark or design? If word mark, do I register it as word mark "MO" and as mark drawing code "(3) design plus words, letters, and/or numbers" or "(5) words, letters, and/or numbers in stylized form".

If I register the word mark "MO" as a black and white image am I only protected when I use it in the color scheme?

Does it matter if the corners of the box are rounded or not, in relation to above question?

 

[quincy]

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

I will answer your title question by explaining the difference between a trademark and a service mark (there is not much of a difference). I will address your other questions in subsequent posts.

A trademark identifies the origin of a product or service. A trademark is used to distinguish the products and services of one company from those of all others. A service mark will distinguish a company's services in the same way.

Here is an example (and I will throw in "trade name" just to confuse ):

McDonald's Corporation is a business that provides food services. McDonald's Corporation is the trade name of the business. Trade names are used to identify business entities. The food services McDonald's Corporation provides are provided in restaurants operating under the service mark McDonald's. Service marks are used to identify the services a business offers to the public. McDonald's offers food products under various trademarks like Egg McMuffin, Chicken McNuggets and Big Mac. The trademarks distinguish the food products offered by McDonald's from the food products offered by other restaurants. The trade name, the service mark and the trademarks are all federally registered marks and all are protected under trademark laws.

Although big companies like McDonald's will often have a trade name and more than one service mark or trademark, small businesses often operate under a single name (possibly with a logo). The single name can work as the business trade name, the service mark and/or the trademark and can be registered as the trademark of the business.

What protects these names is the use of the marks as an identifier for a company's business products or services. The rights to the name/mark are gained through the use of the marks in commerce. Registration of the mark is not necessary. Ownership in a mark in the US is often determined by who uses the mark first, either nationally or in a specific geographic area. The stronger or more distinctive a mark, the more protection the mark receives under trademark laws.

 

[quincy]

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

***

Let's say I created a website called "MOTRADES.COM", and let's say it stands for "Members Only Trades". The purpose of this website is to create a community where people can post items for sale or trade. I have secured the usernames "MOTRADES" for Facebook and Twitter.

I have a simple logo for this website, a box with the letters "MO" in the middle (vertical and horizontal) that I use on the web pages and as the icon.

I am familiar with filing a trademark, I helped a friend file his servicemark and trademark for his business. I only say this to let you know I have knowledge of the process, but not to say I'm in no way a pro at this.

I have enough money to file (2) marks. I want to get this right. I can file more down the road, but for now, cash is limited ...

If you are already the first to use MOTRADES.COM and Members Only Trades and MOTRADES, and a logo with MO, as identifiers for your business, you have already gained trademark rights in these marks. The rights come from use in commerce and not from registration. Registration provides notice to the country that your mark is owned, and registration provides benefits should your mark be infringed, but registration of a mark in the US is not required.

When you helped your friend fill out his service mark and trademark applications, you noticed at the top of the application that it says "Trademark/Service Mark Application. Principal Register." The application for filing a service mark is the same application you use for filing a trademark. Again, there is little difference between a trademark and a service mark (although a few states do not have state registration for service marks, only trademarks). They both work as identifiers for your business, one distinguishing your products and services from other businesses' products and services and one distinguishing your business as a service business.

If your funds are limited, you might be smart to fill out "test" applications first and have them personally reviewed by a trademark professional in your area. Although the Trademark Electronic Application System (TEAS) has directions on filling out an application that are relatively easy to follow and, as you fill out the application, the System will point out obvious errors to you so that you have time to correct them before submitting your application, not all errors are caught. If you want to "get this right," the best way to do that is to have a professional assist you with your application.

 

[quincy]

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

... I'm getting confused on the product vs service part.

The question is two parts:

WEBSITE NAME:

I believe since it's both a product AND a service, so do I register it as a trademark or servicemark?

LOGO:

I have the same first question, whether it is (or represents) a service or a product, so I'm confused if I file it as a servicemark or trademark.

Do I file this as a basic word mark or design? If word mark, do I register it as word mark "MO" and as mark drawing code "(3) design plus words, letters, and/or numbers" or "(5) words, letters, and/or numbers in stylized form".

If I register the word mark "MO" as a black and white image am I only protected when I use it in the color scheme?

Does it matter if the corners of the box are rounded or not, in relation to above question?

I know that seeking answers to these questions quoted above are probably what brought you to this forum. Unfortunately, these are the questions that cannot be answered on this forum by any forum member.

Legal questions on this forum that get into the specifics of any one company go beyond the scope of this forum. We cannot advise you on whether it is best for your particular business to register a mark as a service mark or a trademark, or how best to file your logo. You will need to discuss all specifics with an attorney personally, who can advise you on what is best for your company.

Good luck with your sale and trade business.