(203) 809-9490 or Send a Message on the Homepage
A TM symbol can be placed next to a mark which is intended to be used as a trademark for goods. A trademark means - a mark which is a word, phrase, symbol, and/or design which indicates the source of goods - meaning the goods are originating from the same place each time that mark is used.
A R symbol, ®, a R enclosed in a circle - which can also be interpreted as a R with circle or circle R symbol - indicates a mark – which is a word, phrase, symbol, and/or design – which is meant to indicate the source of the goods or services. A R symbol can only be used if the mark is registered with the USPTO.
A SM symbol can be placed next to a mark which is intended to be used as a service mark for services. A service mark means – a mark which is a word, phrase, symbol, and/or design which indicates the source of services - meaning the services are originating from the same place each time that mark is used.
The phrase of “Your Name” is used as a trademark for the good of kitchen table setting utensils (forks, spoons, knives …).
“Your Name” is used on the box the kitchen utensils are sold in. Where the phrase of “Your Name” is meant to indicate the kitchen utensils are “Your Name” brand kitchen utensils – which are originating from the same company – the source of the goods. The brand identity means something because the mark tells the consumer the mark is connected to the same source of the goods – or company. A consumer can infer different qualities to that good - such as the goods will last because other kitchen utensils with that mark were long lasting - and only one company controls that mark so it should be inferred that the kitchen utensils will be the same as before.
The phrase of “Your Phrase” is used as a service mark for the service of structural engineering consulting.
Example of "Your Phrase" as advertising on a website:
Different types of use on a website:
"Your Phrase" can be used in the header of your website and then that webpage will describe the structural engineering services provided.
"Your Phrase" can also be in the title section of your description on the website.
"Your Phrase" can be used before the wording "structural engineering services" - when written in a paragraph or other long form text - as "Your Phrase" "structural engineering services".
Grammatical use of "Your Phrase":
"Your Phrase" is used as an adjective of the structural engineering services. "Your Phrase" is used to describe the services. Use as an adjective means - a descriptive term of something else. So in the following: structural engineering services - structural is a descriptive term or adjective describing the type of engineering services. Adjectives can be added to the front of other adjectives such as: excellent structural engineering services - where excellent is an additional adjective describing the engineering services. "Your Phrase" before structural engineering services - as "Your Phrase" "structural engineering services" - is an adjective describing the engineering services.
Use as an adjective is different than as a noun. A noun is an actual thing. Use as a noun would be - "Your Phrase" performs structural engineering services. In that example, "Your Phrase" is being framed as a business entity - which is an actual thing - or noun. If you used "Your Phrase" only as a noun - that decreases the effectiveness of your mark and could be viewed as your mark is not truly a mark. Some use as a noun will not negate your mark as a service mark - but when possible there should be at least some use of your service mark as an adjective.
Font and coloring of "Your Phrase":
As a way to indicate the significance of "Your Phrase" you should also use a larger font, bold, and different color font - to indicate "Your Phrase" is a service mark.
United States Patent and Trademark Office Materials
Attorney Advertising. This website is for informational purposes only and is not legal advice. Using this site or communicating with the Law Office of John B. Hudak, PLLC through this site does not form an attorney-client relationship. An attorney-client relationship shall be formed only after an Attorney Engagement Letter is sent by the law office to the Client. Please do not share any unsolicited confidential information with our law firm by email or phone. This site is legal advertising. Copyright © 2024