Trademarks, Service Marks, and Trade Names are separate and
distinct, however, they are interconnected. A trade name is a
name used to identify organizations and their products and
services. A trademark or service mark is a trade name that
relates to any word, name symbol or device which is used in trade
with goods or services to indicate the source or origin of goods
or services and to distinguish them from the goods or services of
others. Examples of trademarks would be such well know products
as “Jello” or “Kleenex”.
Trademark rights may be used to prevent others from using a
confusing similar mark but not to prevent others from making the
same goods or from selling them under a non-confusing mark.
Similar rights may be acquired in marks used in the sale or
advertising of services (service marks).
Trademarks and service marks, which are used in interstate or
foreign commerce, may be registered in the
Patent and Trademark Office. If the trademark/service mark is
to be used only in Arizona, the
of State has jurisdiction for registering Arizona specific
trademarks/service marks. Although trademarks/service marks
registered with the state and/or federal government enjoy the
highest degree of protection, even unregistered or “common law”
trademarks/service marks may be somewhat protected, however it is
not a sound business practice to rely upon “common law”
procedure for registering a trademark/service mark begins with a
thorough and comprehensive search of a multitude of sources to
determine the distinctness of a particular trademark/service
mark. Anything less than a comprehensive search will potentially
result in insufficient legal trademark/service mark protection.
If the search results in no substantially similar or “confusing”
other trademarks/service marks, the next step in obtaining a
trademark/service mark is to file an application with the State
and Federal repositories noted above.
required to obtain a trademark/service mark is available for
businesses and individuals, however seeking professional legal
advice is strongly advised. An attorney’s expertise in this area
will usually result in savings that far outweigh the legal fee.
States Patent and Trademark Office
Secretary of State
Arizona Statutes - Title 44 - Trade and Commerce