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Defining a Trademark and its United States Patent & Tradmark Office Classifications

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A trademark that can be filed with the United States Patent & Trademark Office can be categorized as any word, name, symbol, or device, or any combination used, or intended to be used in commerce to identify and distinguish goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

As described in the United States Patent & Trademark Office website, there are three basic classifications of trademarks:

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other that its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone’s goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.

A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organizations.

You would be wise to consult with a Florida trademark attorney first, before undertaking any trademark matters.

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