Q: Should I get a trademark and/or service mark if I am trying to protect a service that is about to go nationwide?
I am filing for a trademark with the USPTO to protect my company name. But we provide a particular service that I want to protect, as we are about to be nationwide soon. This service is what differentiates us from other companies similar to mine.
A: A federal trademark application will be rejected for a business name standing alone (see TMEP 1202.01). A federal trademark/service mark registration must be directed to a mark that is used with some underlying goods/services (or is intended to be used with goods/services). It sounds as if a federal SERVICE mark application is needed, not a trademark application unless there also are goods being sold under the mark. Service mark = services, Trademark = goods. If appropriate, a federal application can include goods AND services (i.e., multiple, different classes).
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