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Massachusetts Attorney

Massachusetts Lawyer

Definitions
A "trademark" is any word, name, symbol or device, or combination of these used by a person (individual, partnership, corporation, or association) to identify his goods and to distinguish them from the goods of others. Some examples of well-known trademarks are: Kodak, Coca-Cola, GE, Life-Savers, Lucky Strike (and bulls eye design) and McDonalds (with golden arches).

A "service mark" identifies and distinguishes a person's services and is given the same protection as a trademark. Some examples of well-known service marks are: Rock of Gibraltar (service mark of Prudential InsuranceCo.), and Greyhound (service mark of Greyhound Bus Lines). The word "Hilltop"is a service mark for the Hilltop Restaurant.

There is no requirement under the Trademark Law (M.G.L. Chapter 110B) that a person register with the Commonwealth of Massachusetts. However, under M.G.L. Chapter 110, §5, any person doing business under name other than his own must file a business certificate with the town or city hall where he maintains an office.
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Registration
Registration in Massachusetts can result in material advantages to the owner of the mark. A central card file is made available to the public in the office of the Secretary of the Commonwealth. Similar names may be changed since a new owner may check this file and avoid using a confusingly similar mark. A registration with the Trademark Office establishes a date of first use in this state and may be helpful in obtaining a federal registration.

Marks that are "merely descriptive" of the applicant's products or services are unregistrable under the trademark statute. Some examples of unregistrable descriptive marks are business names such as Video Buyer's Guide, Automobile Service Center, Business Planning Institute, etc. These names do not serve to distinguish the user's business activities from the activities of others engaged in the same business. In other words, every businessman is entitled to describe his product or service with the result that no single person may monopolize the descriptive words. However, continuous use of a descriptive mark may indicate the mark has acquired a "secondary meaning" in the minds of the particular consumers of a product or service. In this situation descriptive marks will be registrable.

The trademark or service mark application (submitted in duplicate) shall contain the following information:

1. the name of the applicant;

2. the business address of the applicant;

3. whether the applicant is an individual partnership, corporation, union or association;

4. if a corporation, the state of incorporation;

5. a description of the mark;

6. a description of the goods or services in connection with which the mark is used;

7. the class number of the goods or services (see the classifications of goods and services supplied below) (this may be left blank on the application);

8. a statement of how the mark is used;

9. the date of first use of the mark by applicant or predecessor in Massachusetts and anywhere;

10. identify any predecessor and describe use by predecessor; and

11. a statement that the applicant is the owner of the mark and that no other person has the right to use the mark in the Commonwealth either in identical form or in any form so similar as thereto as to deceive or be mistaken for.

The application must be signed by the applicant or by a member of the firm or an officer of the corporation, or association. Applicant's signature must be notarized. Staple or clip three specimens of the mark to the application. Do not glue or tape them. Specimens larger than 3"x3" will not be accepted.

The fee for filing a mark is fifty dollars ($50.00) payable by cash, check or money order to the Commonwealth of Massachusetts.

The term of registration is ten (10) years. The owner will be notified to renew his registration within six months prior to the expiration of the term.
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Classification of Goods and Services
Classification of goods are as follows:

1. Chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins: plastics in the form of powders, liquids or pastes, for industrial use; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry.

2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; coloring matters, dyestuffs; mordants; natural resins; metals in foil and powder form for painters and decorators.

3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

4. Industrial oils and greases (other than edible oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night-lights and wicks.

5. Pharmaceutical veterinary and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax; disinfectants; preparations for killing weeds and destroying vermin.

6. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (nonelectric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws other goods in non-precious metal included in other classes; ores.

7. Machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; incubators.

8. Hand tools and instruments; cutlery, forks and spoons; side arms.

9. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), lifesaving and teaching apparatus and instruments; coin or counter-freed apparatus; talking machines; cash registers; calculating machines; fire-extinguishing apparatus.

10. Surgical, medical, dental and veterinary instruments and apparatus (including artificial limbs, eyes and teeth).

11. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

12. Vehicles; apparatus for locomotion by land, air or water.

13. Firearms; ammunition and projectiles; explosive substances; fireworks.

14. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons); jewelry, precious stones, horological and other chronometric instruments.

15. Musical instruments (other than talking machines and wireless apparatus).

16. Paper and paper articles, cardboard and cardboard articles; printed matter, newspapers and periodicals, books; bookbinding material, photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (stereotype).

17. Cutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, being for use in manufacture; materials for packing, stopping or insulating; asbestos, mica and their products; hose pipes (nonmetallic).

18. Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

19. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road making materials; asphalt, pitch and bitumen; portable buildings; stone monuments; chimney pots.

20. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, substitutes for all these materials, or of plastics.

21. Small domestic utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (other than paint brushes); brush-making materials; instruments and material for cleaning purposes; steelwool; glassware, porcelain and earthenware, not included in other classes.

22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials.

23. Yarns, threads.

24. Fabrics (piece goods); bed and table covers; textile articles not included in other classes.

25. Clothing, including boots, shoes and slippers.

26. Lace and embroidery, ribbons and braids; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers.

27. Carpets, rugs, mats and matting; linoleum and other materials for covering floors; wall hangings (non-textile).

28. Games and play things; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees.

29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and other dairy products; edible oils and fats; preserves, pickles.

30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; breads, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; pepper, vinegar, sauces, spices; ice.

31. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.

32. Beer, ale and porter; mineral and aerated waters and other nonalcoholic drinks; syrups and other preparations for making beverages.

33. Wines, spirits and liqueurs.

34. Tobacco, raw or manufactured; smokers' articles; matches.

Classification of services are:

35. Advertising and business.

36. Insurance and financial.

37. Construction and repair.

38. Communication.

39. Transportation and storage.

40. Material treatment.

41. Education and entertainment.

42. Miscellaneous.

Click here to download Massachusetts applications and forms

Application for Registration of a Service Mark (MGL Ch. 110B, s.4) 224k
Application for Registration of a Trademark (MGL Ch. 110, s.4) 224k
Application for Renewal of a Trademark or a Service Mark (MGL Ch. 110B, s.5) 224k
Certificate of Assignment of a Trademark or a Service Mark (MGL Ch. 110B, s.6) 180k

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