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The United States Patent and Trademark Office (USPTO) has a very specific definition of what constitutes a trademark. Generally speaking, a trademark is any word, name, symbol or device that’s used to identify and distinguish the goods or services of one business from those of another business. A trademark should be distinctive and unique in order to prevent confusion among consumers. If someone else owns the same trademark that you’re using on your products or services, it can cause problems down the road when it comes time for both parties to make decisions about their businesses. You also want to avoid infringing on someone else’s trademarks so that you don’t get sued for copyright infringement later on down the line!
For example, Coca-Cola is a well-established trademark that identifies the source of its products. The Coca Cola Company is free to use its trademark because it has registered it with the U.S. Patent and Trademark Office (USPTO). When you see or hear Coca Cola on TV, radio or in print advertising, you know who it belongs to and what products they sell — soft drinks. If someone else tried to use that name without permission from The Coca Cola Company, there would be confusion about which company’s product was being promoted and/or sold; consumer deception might result; and profits could be lost if people bought one brand thinking they were buying another brand when in fact they weren’t!
The same holds true for service providers like graphic design firms or web design agencies: A customer knows where those services came from even if he or she never saw the business card before going home with new stationery… That’s because trademarks are used as source identifiers—they identify where something comes from (like a product) or who performs certain services (like an accountant).
Trademark rights can be lost if you don’t use them. If a trademark owner stops using his mark within a certain amount of time (usually three years), then he will lose the right to claim exclusive use of that mark and others may be able to register the same or similar marks.
For example, if a company sells snowshoes under the name “Alpine Snowshoes,” they must keep selling their products under that name in order to maintain ownership of their trademark “Alpine Snowshoes.” If they stop selling snowshoes under that name for more than three years, another company might be able to register Alpine Snowshoes as its own trademark because Alpine will no longer have exclusive rights over Alpine Snowshoes’ first use.
To register a trademark, you must use it in interstate commerce or have a bona fide intention to do so. The term “interstate commerce” means trade between states.
If your business is based in one state and only does business within that state’s borders, then you probably don’t need to worry about registering your trademark with the U.S. Patent and Trademark Office (USPTO). However, if you want to sell products or services across state lines (for example, if you provide a service like lawn care), then this step becomes more important for protecting your brand identity against copycats who are trying to capitalize on it by passing off their products as yours.
You also have to file an application with the Patent and Trademark Office. This is a legal document that must include:
Before filing, it’s important to make sure your mark is distinctive and not infringing on another’s rights. The first step is to conduct a search of the USPTO trademark database and see if anyone else has already registered the same or similar mark.
If a similar mark has already been registered, you will need to determine whether you can use that mark in your business without causing consumer confusion. If a consumer would be confused by your use of the word “business service provider” as a trademark for your business, perhaps because they could believe that there is some kind of affiliation between businesses using this phrase in their names, then it may be appropriate for you to select another name for your business.
You can hire a trademark attorney to help you with this step. A trademark attorney can help you through the application process and will also be able to assist you if there are any disputes regarding your trademark. They can also help you protect your trademark from infringement by others.
In general, the name “business service provider” is considered generic and therefore ineligible for registration. That said, there are some exceptions to this rule:
You can register “business service provider” as a trademark, but only if you can show a particular way of providing business services that distinguish your business from those of other providers.
Register Your Trademark & Get The Delivery of your USPTO Serial No. In 24 Hours
Register Your Trademark with USPTO Today & Get Serial No. in 24 Hours