State of VermontOffice of the Secretary of State
State of Vermont
A trademark can be any word, name, symbol or device or any combination of those, adopted and used
- by a manufacturer or merchant to identify goods and distinguish them from those manufactured or sold by others or
- by another person on goods produced by his or her labor.
Under Vermont law, a trademark cannot be used for services.
A trademark is different from a business or trade name. The mark identifies the goods; the name identifies the entity which does business, such as selling the goods.
Trademarks raise issues of federalism. The federal trademark law may preempt Vermont`s own law on trademarks in many cases; nevertheless, some commentators still believe that state registration of trademarks will serve to establish the date on which the mark`s use began more efficiently than other methods.
The application process consists of paying a fee of $10 and filing the appropriate form, containing
- The name and address of the applicant;
- The class of merchandise and a particular description of the goods;
- The mode in which the trademark is used, the nature of the business, and the use of the mark;
- The date the trademark was first used or adopted and a statement that no other person has a right to it. The statement must be signed under oath by each applicant or by an agent or duly authorized officer.
- A facsimile of the trademark itself.
We may decline to register a trademark for a number of reasons. Flags, coats of arms, or other insignia of the United States or any state, municipality, or foreign country may not be included in the trademark, nor may portraits of living individuals, except with their written consent.
Trademarks will be rejected if they might cause confusion or mistake in the minds of the public, if they are scandalous or immoral, or if they merely contain the name of a person or words descriptive of merchandise.
A trademark registration is good for 10 years, and may be renewed by filing a renewal application within the year prior to the expiration of the 10-year period. The fee is $10 each time.
Trademarks may be assigned to others upon the filing of a written form for that purpose, a notarized statement of assignment, and the payment of a $10 fee.
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