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	Have You Registered Your Service Mark?

	by Susan Dunn

First of all what is a "service mark?" Well, a trademark applies to good or PRODUCTS (such as a car or a washing machine) while a service mark refers to SERVICES (like coaching, transportation and storage, or legal work).

WHAT DOES IT DO?

According to Smith And Hopen, Intellectual Property Lawyers, "A service mark is any word, name, symbol, device or combination, used...to IDENTIFY and distinguish the SERVICES of one provider from services provided by others, and to indicate the source of the services." The law treats a service mark similarly to a trademark. An example of a service mark is Prudential Insurance Company's "Rock of Gibraltar."

NOW HAVE YOU REGISTERED IT?

The most amazing thing is that according to law, the exclusive rights to use service marks (common law service mark) are created and exist as a result of USING the mark on services, not by REGISTERING the mark. (Source: Schwartz, Manes, And Ruby). If you wish to file it with the Commissioner of Patents and Trademarks, the application fee is $245 per mark-per class, but the other costs and attorney fees can run you $1500-$2000 if all goes well, and chances are it won't. Whatever you do, keep using it. "No one ever owns a mark," say Schwartz at al. If a mark is ever abandoned, so is the exclusive right to use the mark.

THE BENEFITS OF FEDERAL REGISTRATION

There are some definite benefits to registering your service mark:

provides nationwide notice of EXCLUSIVE ownership which prevents others from acquiring common law rights through innocent adoption and use
creates legal PRESUMPTION in court of your right to exclusive use
opportunity to make it unchallengeable by keeping it in use for 5 YEARS from date of registration

Susan Dunn -- The EQ Coach™ -- has an MA in Clinical Psychology. She provides coaching resources, tools and support for your personal and professional development -- including numerous ebooks, home study courses and EQ Alive, an EQ Coach training and certification. Susan may be contacted at www.susandunn.cc or .

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