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Simmons Patents has actively
prosecuted trademarks before the U.S. Patent and Trademark Office and defended the Marks of our clients including 100% success
rate in opposition proceedings. We have also successfully protected our clients from trade secret theft.
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USEFUL TRADEMARK
LINKS
Trademarks
Generally speaking, Trademarks are distinctive
symbols, pictures, or words that sellers of products/goods affix to distinguish and identify the origin of their products/goods. That said,
the term "Trademark" is also often used to refer generally to service marks, trade names,
collective marks, trade dress, and certification marks. Service Marks A service mark is substantially identical to a trademark except that service marks identify SERVICES (e.g. cleaning service, painting, etc.) rather than products/goods.
Trade Names Names used to identify and distinguish a business entity rather than to distinguish the goods or services
the entity provides. Collective Marks
Collective Marks
are used by members of an organization to identify goods or services of the members or
to identify membership in the organization. A collective trademark or collective service mark
is a mark adopted by a "collective" (i.e., an association, union, cooperative, fraternal organization,
or other organized collective group) for use only by its members, who in turn use the mark to identify their goods or services
and distinguish them from those of nonmembers. The "collective" itself neither sells goods nor performs services
under a collective trademark or collective service mark, but the collective may advertise or otherwise promote the goods or
services sold or rendered by its members under the mark. A collective
membership mark is a mark adopted for the purpose of indicating membership in an organized collective group,
such as a union, an association, or other organization. Neither the collective nor its members uses the collective membership
mark to identify and distinguish goods or services; rather, the sole function of such a mark is to indicate that the person
displaying the mark is a member of the organized collective group. Examples include UAW, PGA, and International Brotherhood of Teamsters. Trade Dress Trade Dress refers to characteristics
of the visual appearance of a product or its packaging that may be registered and protected from being used by competitors.
Such characteristics can include the three-dimensional shape, graphic design, color, or even smell of a
product and/or its packaging. Certification Marks
Certification Marks used to certify regional or other origin,
material, mode of manufacturer, quality, accuracy, or other characteristics of the goods or services. Examples include:
UL, U.S. GRADE A, FRESH FROM FLORIDA. Trade Secret
A trade Secret is a formula, practice,
process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors
or customers.
Link to Trade Secret Information
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DISCLAIMER
The information provided on this website is general information, not individualized legal advice. Your use of this website
is not intended to create, and does not create, an attorney-client relationship with Simmons Patents or any associated attorney.
This website is not an offer to represent you. Do not send us technical or legal information until you have contacted a Simmons
Patents attorney and obtained authorization to do so. We are admitted to practice in various
jurisdictions and before the U.S. Patent and Trademark Office. This website is not an offer to practice in a jurisdiction,
in which we are not admitted, and nothing herein is intended to indicate formal certification or specialization, except as
otherwise noted in individual attorney biographies. Simmons Patents makes no endorsement
or representation regarding the accuracy or content of any of the linked websites identified on this website.
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