Trademarks & Service Marks
What is a Trademark?
A trademark is defined by Ohio Revised Code Section 1329.54(A) as “any word, name, symbol, device, or combination of any word, name, symbol, or device, that is adopted and used by a person to identify and distinguish the goods of that person, including a unique product, from the goods of other persons, and to indicate the source of the goods, even if that source is unknown.”
What is a Service Mark?
A service mark is defined in Ohio Revised Code Section 1329.54(B) as “any word, name, symbol, device, or combination of any word, name, symbol, or device, that is adopted and used by a person to identify and distinguish the services of that person, including a unique service, from the services of other persons and to indicate the source of the services, even if that source is unknown.”
While a mark may meet either of these definitions, there are several restrictions on the registration of trademarks and service marks to consider before registering a mark.