Trade Mark, or Service Mark?

[KM Richards]

Has anyone ever applied, and sucessfully obtained a Trade Mark or a Service Mark?

I have a phrase that I use for business that I'm thinking about making mine, legally.

Anybody know what something like this costs?
And, what's the difference between a Trade Mark and a Service Mark anyway?

[mgm_03]

Trademark generally is for products and IP. Service mark is for services. To protect a phrase, use trademark. After it is registered with the USPTO, you can use R instead of TM, but you don't have to register it to claim/prove ownership. Recommend you browse amazon for books on trademark law

[Dan Grossman]

If you want to protect a trademark, you also need to start enforcing it. That means taking legal action against people that use your mark, or else you could lose it. It's a right that comes with a price.

[KM Richards]

Trademark generally is for products and IP

What is "IP"???

If you want to protect a trademark, you also need to start enforcing it. That means taking legal action against people that use your mark, or else you could lose it. It's a right that comes with a price.

That's easy, since there are so many attorneys looking for work these days

All I'd have to do is catch someone with some assets using my intellectual property and go get a few lawyers and tell them all I want is for them to quit using my property and about 20% of any damages collected.

[Dan Grossman]

What is "IP"???

The phrase you used two sentences later Intellectual property.

That's easy, since there are so many attorneys looking for work these days

All I'd have to do is catch someone with some assets using my intellectual property and go get a few lawyers and tell them all I want is for them to quit using my property and about 20% of any damages collected.

[KM Richards]

The phrase you used two sentences later Intellectual property.

I knew that

[mgm_03]

In addition to enforcing it, which demonstrates that you are making attempts to claim ownership, the more important task is to use it properly yourself. You can easily dilute the trademark and therefore, the equity in your brand by using it improperly/haphazardly/flagrantly. Large corps have trademark usage guidelines --- even some apply to phrases.

This topic could easily digress so, am leaving it at that. You could save some money and talk to a paralegal who works with trademarks - to get basic understanding and do's/don'ts.

[KM Richards]

You can easily dilute the trademark and therefore, the equity in your brand by using it improperly/haphazardly/flagrantly

OK, can you provide some examples of a company mis-using their trademark?

This is relevant, so I'd be interested in knowing what you mean.