Legal Question in Business Law in Minnesota

Service Mark

When can SM be added to a Service Mark? Does it need to be registered first?


Asked on 5/03/04, 4:13 pm

1 Answer from Attorneys

Vincent W. King Vincent W. King, PA

Re: Service Mark

You can start using the "SM" designation right away. Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "�" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

Standard disclaimer: The above is given based on limited facts and information presented. Conclusions may differ significantly based on different facts. We do not have an attorney-client relationship.

That said, good luck to you and let me know if I can be of further assistance.

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Answered on 5/03/04, 4:28 pm


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