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What is the difference between a trademark and a service mark?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark (or servicemark) is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.

Can you divide a trademark registration?

An applicant may file a request to divide at any time between the filing of the application and the date the examining attorney approves the mark for publication; or during an opposition, concurrent use, or interference proceeding, upon motion granted by the Trademark Trial and Appeal Board. 37 C.F.R. 2.87(c)(1).

What is a service mark registration?

A service mark registration defends your intellectual property. Your mark must be registered with the United States Patent and Trademark Office (USPTO). Service mark and trademarks are different. A service mark is used for a business that provides services. A trademark is used for a business that provides products.

How much is a trademark request to divide?

Request to Divide Application A request to divide may be filed prior to publication or after issuance of the notice of allowance, if certain requirements are met. A $100 processing fee is due for each new application created. When dividing within a class, you must also pay an application filing fee (currently $350).

Why would a trademark be refused?

If a trademark misdescribes a quality, purpose, function, feature, characteristic, ingredient, or use of the goods or services, and the misrepresentation would be credible or plausible to consumer, the mark would be refused as deceptively misdescriptive.

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