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
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.
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
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.
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
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
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;
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;
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
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,
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.
39. Transportation and storage.
40. Material treatment.
41. Education and entertainment.
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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