Frequently Asked Questions About Trademarks
What is a trademark or service mark?
A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that
identifies and distinguishes the source of the goods of one party from those of others.
A service mark is the same as a trademark, except that it identifies and distinguishes the source
of a service rather than goods. Throughout this booklet, the terms “trademark” and “mark”
refer to both trademarks and service marks
Do trademarks, copyrights, and patents protect the same things?
No. Trademarks, copyrights, and patents protect different types of intellectual property. A
trademark typically protects brand names and logos used on goods and services. A copyright
protects an original artistic or literary work. A patent protects an invention. For example, if you
invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.
You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you
might register a copyright for the TV commercial that you use to market the product.
What things can I protect as a trademark?
You can protect the following things with a trademark: names (such as company or product name), images, symbols, logos, slogans, phrases, and domain names if they label a product or service.
Do I have to be a U.S. citizen to apply for a trademark?
No. You are not required to be a U.S. citizen to apply for and obtain a federal trademark registration.
What are the benefits of federal trademark registration?
Federal registration of a trademark has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
Registration provides the following benefits:
1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
Registration provides the following benefits:
1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
I haven't started using my mark name yet, can I still file a trademark?
Yes. If you are currently not using a mark in commerce, but have the intention of using it in the near future, then you can still file a trademark on the basis of "Intent-to-Use". This means that you have the bona fide good faith intention to use a mark in the near future. There are some advantages to filing an Intent-to-Use application, namely receiving a filing date can be used to serve as the date of your first use of the mark. This is important in case a conflict develops with another similar mark.
How long does a trademark registration last?
Trademark registrations issued on or after November 16, 1989 have a ten-year term, renewable every ten years. Declaration of Use must be filed between the fifth and sixth year during the first 10 years of registration. Afterwards, a renewal is just filed within the year before the end of every ten-year period to maintain your active registration.
Do I have to pay the government filing fee every year?
No. The government filing fee is one-time fee used when you first apply for a trademark registration. Once you register your trademark, then the registration is good for ten years assuming you file your renewal forms. When you file to renew your registered trademark, then you'll pay the government filing fee again to maintain your registered mark for another ten years.
When can I use the trademark symbols TM, SM, and ®?
If you claim rights to use a mark, you may use the “TM” (trademark) or “SM” (service mark)
designation to alert the public to your claim of ownership of the mark, regardless of whether you
have filed a trademark application. However, you may only use the federal registration symbol ® after your mark is registered,
and not while an application is pending. You may only use the registration symbol with the mark on or in connection with the goods/services listed in the federal trademark registration. However,
no specific requirements exist as to the precise use of the ® symbol as to placement, e.g., whether used in a subscript or superscript manner.
Is my trademark registration valid outside the United States?
No. The government filing fee is one-time fee used when you first apply for a trademark registration. Once you register your trademark, then the registration is good for ten years assuming you file your renewal forms. When you file to renew your registered trademark, then you'll pay the government filing fee again to maintain your registered mark for another ten years.
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