Frequently Asked Questions About Trademarks

A trademark includes any word, name, symbol, or device or any combination used or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others and to indicate the source of the goods. In short, a trademark is a brand name.

Do I need to register my trademark?

No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the trademark, a legal presumption of ownership nationwide, and the exclusive right to use the trademark on or in connection with the goods or services set forth in the registration.

Do I have to be a U.S. citizen to obtain a federal trademark registration?

No. However, an applicant's citizenship must be set forth in the record. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed on the certificate of registration.

What is a service mark?

A service mark is any word, name, symbol, or device or any combination used or intended to be used in commerce to identify and distinguish the services of one provider from services provided by others and to indicate the source of the services.

Are there federal regulations governing use of the "TM" or "SM" designations?

No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted.

How do I find out whether a trademark is already registered?

In order to determine whether any person or company is using a particular trademark, a trademark search can be conducted. Trademarks may be searched at over 70 Patent and Trademark Depository Libraries located throughout the country.

Is a federal trademark registration valid outside the United States?

No. Certain countries, however, do recognize a United States registration as a basis for registering the trademark in those countries. Many countries maintain a register of trademarks. The laws of each country regarding registration must be consulted.

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	Did You Know?
	Common law trademark also protects geographical indications. Geographical indications also are protected through common law trademark law without being registered by the USPTO. For example, the TTAB has held that "COGNAC" is protected as a common-law.