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A trademark is a word, name, phrase, logo, or symbol used to identify your goods or services to distinguish them from those sold by other people. It serves as source indicator, identifying who made the product and, through advertising, should guarantee the quality of the items with the mark on them. A trademark registration allows the holder to prevent anyone from using a brand that is likely to cause confusion with the registered mark for the same goods or services. Remember, a trademark identifies a product or service; a trade name identifies the business. A trademark will NOT prevent new businesses from registering the same name with the Secretary of State. The business owner must pursue private legal action to enforce his/her rights to the registered trade name.
Trademarks can be registered at both the federal and state levels. If your business is only conducted within the state of Colorado’s borders, a state trademark registration may be appropriate. If filing only in Colorado, you may not register the trademark until you have actually used it in your business. If you intend to conduct your business in more than one state or on the internet, a federal trademark registration may be appropriate. On the federal level, you may file based on a good faith or bona fide intention to use the mark. However, it will require additional paperwork and fees when it is placed into use in interstate commerce. Federal registration confers the following benefits:
Trademarks registered in Colorado are valid for ten years and may be renewed for an additional ten year term, as long as the goods and services are still being used in the business. Trademarks registered with the federal government are valid for ten years. Between the fifth and sixth year, you must file an “affidavit of use” to certify that you are still using the trademark in commerce. Every ten years you may file an “affidavit of renewal” so long as the mark is still being used in interstate commerce.
Trademarks are registered with the Colorado Secretary of State if your mark is used only within Colorado borders. If your trademark will be used in more than one state, it may be registered with the United States Patent and Trademark Office.
Colorado
Colorado Secretary of State Division of Commercial Recordings
1700 Broadway, Suite 250
Denver, CO 80290
www.sos.state.co.us
Federal Government
Rocky Mountain U.S. Patent and Trademark Office
1961 Stout Street, 14th Floor
Denver, CO 80294
Www.uspto.gov/denver
Colorado Business Development Foundation
info@coloradobdf.org
www.coloradobdf.org
Small Business Navigator Hotline: 303-592-5920
© 2022 Colorado Business Development Foundation. All rights reserved.
All information within this resource book and website is for informational purposes only and is not intended to be legal, tax, business or other professional advice. It is current to the best of our knowledge as of the date of publication. You should contact an appropriate professional to discuss any issue particular to you or your business and only rely upon your own research into those issues. Use of and access to this resource book or the associated website does not create any relationship between the publisher, authors, and the reader, or any other individual or entity. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE MATERIALS AND INFORMATION IN THIS RESOURCE BOOK AND WEBSITE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.