FREQUENTLY ASKED QUESTIONS BUSINESSES HAVE ABOUT TRADEMARKS
Definitions
What is a trademark?
What is a service mark?
What is a certification mark?
What is a collective mark?
Basic Questions
Do I need to register my trademark?
What are the benefits of federal trademark registration?
Do I have to be a U.S. citizen to obtain a federal registration?
Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks?
When can I use the federal registration symbol ® with the mark?
Do I need an attorney to file a trademark application?
What constitutes "interstate commerce"?
How do I find out whether a mark is already registered?
Is a federal registration valid outside the United States?
Searching
Is it advisable to conduct a search of the Office records before filing an application?
Where can I perform this basic trademark search?
What are "common law" rights?
What is a "common law" search? How can I do one? Is doing a common law search necessary?
Trademarks, Patents and Copyrights
How do I find out if I need patent, trademark and/or copyright protection?
Application Process
How do I obtain a federal trademark registration?
Do I need an attorney to file my application?
Where can I find a trademark attory to file a federal trademark application for my business?
Who may file an application?
What is a specimen?
What is a drawing?
If I submit specimens, is a drawing still required?
On what bases can a foreign applicant file an application for registration?
Can the Trademark Office refuse to register a mark?
How can I check on the status of a pending U.S. Trademark application?
How long does it take for a mark to be registered?
How long does a trademark registration last?
How long does an Intent-to-Use applicant have to allege actual use of the mark in commerce?
Other
How do I contest someone else using a trademark similar to mine?
Is the name of a band a trademark?
Can a minor file a trademark application?
Can the ownership of a trademark be assigned or transferred from one person to another?
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