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.

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.

What is a certification mark?

A certification mark is any word, name, symbol, or device or any combination used or intended to be used in commerce with the owner’s permission by someone other than its owner to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

What is a collective mark?

A collective mark is a trademark or service mark used or intended to be used in commerce by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

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 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.

What are the benefits of federal trademark registration?

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.

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

No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.

Where can I find trademark forms?

You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Registering a Trademark. The forms may be downloaded, filled out and mailed in, or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site. You may contact the Trademark Assistance Center at 1-800-786-9199 for a hard copy of the Basic Facts brochure. If you live in Northern Virginia, the number is (703) 308-9000.

Where can I get basic trademark information?

You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Registering a Trademark. The forms may be downloaded, filled out and mailed in, or, by clicking PrinTEAS, you can fill out, validate and print trademark and service mark applications via the PTO web site. If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-9000. If you need answers to specific patent questions or want to know more about patents in general, please contact the Patent Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-4357.

Where can I ask a question about trademarks?

If you need answers to specific trademark questions or want to know more about trademarks in general, please contact the Trademark Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-9000. If you need answers to specific patent questions or want to know more about patents in general, please contact the Patent Assistance Center at 1-800-786-9199. If you live in Northern Virginia, the number is (703) 308-4357.

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. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued.

When can I use the registration symbol (the letter R enclosed within a circle-O ) with the mark?

The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration. [Note: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.]

Do I need an attorney to file a trademark application?

No, although it may be desirable to employ an attorney who is familiar with trademark matters. You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Registering a Trademark. The forms may be downloaded, filled out and mailed in, or, by clicking PrinTEAS, you can fill out, validate, and print trademark and service mark applications via the PTO web site. Many applicants find it beneficial to search a mark (to see if there are any registered, pending, or previously used marks) before filing a trademark application. We do not offer online searching of our trademark database at this time. Word marks (marks consisting only of words) may be searched at one of the over 70 Patent and Trademark Depository Libraries (PTDLs) located throughout the United States. For a listing of these locations, please click here PTDL. You must actually go to the library itself and perform the search yourself. However, the Patent and Trademark Depository Librarians are extremely helpful in getting you started. Searches can also be performed at the Patent and Trademark Office at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. If you need to locate an attorney specializing in trademark law, local bar associations and the Yellow Pages usually have attorney listings broken down by specialties.

What constitutes interstate commerce?

For goods, interstate commerce involves sending the goods across state lines with the mark displayed on the goods or the packaging for the goods. With services, interstate commerce involves offering a service to those in another state or rendering a service which affects interstate commerce (e.g. restaurants, gas stations, hotels, etc.).

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

In order to determine whether any person or company is using a particular trademark, a trademark search can be conducted. Searches can be performed at our offices at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. Also, word marks may be searched at over 70 Patent and Trademark Depository Libraries located throughout the country. For a listing of these locations, please click PTDL.

Is a federal registration valid outside the United States?

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

Should I search the PTO records before filing an application?

Yes. The Patent and Trademark Office (PTO) Public Search Library for trademarks is located at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. The Public Search Library is open between 8:00 a.m. and 5:30 p.m. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

Can the Office conduct a search for an applicant?

No. After a trademark application is filed, the Patent and Trademark Office (PTO) will conduct a search of the records as part of the official examination process. The official search is not done for the applicant but rather to determine whether the mark applied for can be registered. It is advisable to search the records before filing the application. A search may be conducted by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

Can trademarks be searched online?

Yes. The USPTO Trademark Database is now available for searching on the World Wide Web by anyone who has Internet access. Understanding the limitations of the Web database can help you avoid significant problems.

Where can I conduct a trademark search?

A search may be conducted by visiting the Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia 22202. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. For locations, click PTDL. These libraries have CD-ROMS containing the database of registered and pending marks. (However, the CD-ROMS do not contain images of the design marks.)

What are common law rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.

What is a common law search and is it necessary?

A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an internet search.

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

Patents protect inventions and improvements to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks are brand names and/or designs which are applied to products or used in connection with services.

Can I search patents online?

Some patent databases are available on the USPTO Home Page. Click on Search Patents.

How do I register a copyright?

The Patent and Trademark Office (PTO) does not handle the registration of copyrights. The Copyright Office is part of the Library of Congress (202-707-3000). For more information, click on Copyright Office.

How do I obtain a federal trademark registration?

A registration may be applied for by filing a properly executed application with the Patent and Trademark Office (PTO). The application, and any accompanying communications, should be addressed to "Assistant Commissioner for Trademarks, Box New App/Fee, 2900 Crystal Drive, Arlington, VA 22202-3513." You may access the trademark forms, plus information about applying for a trademark, by clicking Basic Facts About Registering a Trademark. The forms may be downloaded, filled out, and mailed in, or, by clicking PrinTEAS, you can fill out, validate, and print trademark and service mark applications via the PTO web site.

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