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Home Section Blog Trademarks
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Where can I conduct a trademark search?

You may conduct a search free of charge on the USPTO website using the Trademark Electronic Search System (TESS)  If your mark includes a design element, you will have to search it by using a design code. To locate the proper design code(s), please consult the Design Search Code Manual.

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What is the difference between TM and the R within the circle ®?

FAQ t120054- USPTO

Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. 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.

PLEASE 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.

Source: United States Patent and Trademark Office
 

What are the benefits of a federal trademark registration?

FAQ t120053- USPTO

Federal trademark registration has several benefits:

  • Constructive notice nationwide of the trademark owner's claim.
  • Evidence of ownership of the trademark.
  • Jurisdiction of federal courts may be invoked.
  • Registration can be used as a basis for obtaining registration in foreign countries.
  • Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
Source: United States Patent and Trademark Office
 

What is a trademark and a service mark?

Sunday, 14 December 2008 00:18
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FAQ t120050- USPTO

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.

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

Source: United States Patent and Trademark Office