What is the difference between the symbols: TM, SM, and ®?
The "TM" stands for trademark and the "SM" stands for service mark. They indicate that the person is claiming a common law form of trademark protection. Only those who have obtained a registered trademark or service mark with the U.S. Patent and Trademark Office are allowed to use the "R" in a circle, which indicates that theirs is a registered trademark.
What does it mean to have a trademark or service mark?
These marks are a form of short hand that tells the public that a product or service comes from a certain source. We are surrounded by these marks. For instance, if you see the mark of "Apple" you most likely think of computers. And if you see the mark "Kodak," you likely think of a product that is connected with photography. Both of these are very "strong" marks and are therefore accorded a high level of protection by federal trademark law. Other types of marks are merely "descriptive" of the product or service being offered. An example could be "Brite" Cleaners. Descriptive marks are not as strong as the "fanciful" or "arbitrary" marks referred to above. For that reason, they may not be eligible for federal trademark protection.
If I have a trademark, how long can I keep it?
As long as you continue to use the mark in connection with your business, then it can remain a valid mark. (There may be periodic registration requirements to maintain a federal registration.) Even if you sell the rights to the mark, as long as it continues to be used in connection with the business, the mark can continue to exist. This differs from copyright protection which has a set period of time and then the underlying work loses protection and becomes part of the public domain for anyone to make use of it.
What can serve as a trademark?
Almost anything can be used as a trademark, as long as it does not become generic (meaning that it describes the product or service, such as what happened to the term "aspirin" which at one time was a trademark but became the word used to describe the type of medicine). It is best to let your imagination play with the idea for a mark and not settle on obvious connections. The strongest marks are those of made up words or fanciful associations. Here are some examples of famous trademarks:
| Words
Series of letters
Series of numbers
Picture
Design
Symbol
Sound
Name
Nickname
Color
Business Name | WordPerfect
NBC
(Model number of a machine)
Sunmaid's girl with grapes
Burberry's plaid
Nike's swooch
NBC chimes
Dell (computers)
VW Beetle
Pink for insulation
Target |
