Trademark FAQs - related questions & answers

Question: How do I find out if I need patent, trademark and/or copyright protection?

Answer:
Trademarks are brand names and/or designs which are applied to products or used in connection with services. Trademark rights may be used to prevent others from using a confusingly similar mark.

Question: Does registering a trademark or service mark give exclusive rights to the mark?

Answer:
Registration in and of itself does not guarantee exclusive ownership of a mark. You would need to consult private legal counsel for an answer specific to your circumstance.

Question: What is the difference between the notations TM or SM and the ®?

Answer:
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. You may use the federal registration symbol "®" only after the USPTO actually registers a mark.
 

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