Frequently-Asked Trademark Questions
Summary: Trademark law can be confusing — That’s why we created this website! Below are some of the most frequently asked questions about trademark law. Didn’t get your question answered below? Then feel free to contact us with your question, and we’ll answer it and add it to the FAQ section for the benefit of future website visitors.
What is a Trademark?
What is a Trademark?
A trademark is anything that distinguishes your goods and services from another’s goods and services. It can be a word, a logo, a distinctive typeface, a color — even a sound!
What Is A Common Law Trademark?
What Is A Common Law Trademark?
A common law trademark is an unregistered trademark. You have rights to a trademark just by using a trademark in commerce. Beware, though; there are many advantages that you forgo if you don’t register your trademark with the Patent and Trademark Office. Watch this video for more information.
What Symbol Should I Use on My Trademark, R or TM?
What Symbol Should I Use on My Trademark, R or TM?
That depends; is your mark registered? If so, then it’s appropriate to use the “circle R” symbol, indicating a trademark registration. If your mark is unregistered, then it’s appropriate to use the “TM” symbol. This is true even if you have applied for the mark. You can’t use the “R” symbol until you have received your Certificate of Registration.
Where Should I Register My Trademark?
Where Should I Register My Trademark?
If you want nationwide rights to the exclusive use of your trademark, then you need to have a Federal trademark registration. This gives you the best trademark protection and tells others that you are the official owner of that trademark.
While there are state trademark databases, I don’t think a state trademark registration is worth very much, because it does not grant you the same kinds of rights and presumptions of first use that a Federal trademark does. Watch this video to learn more about the benefits of Federal trademark registration.
Do I Have to Use My Trademark Before I Apply for a Registration?
Do I Have to Use My Trademark Before I Apply for a Registration?
How Long Does My Trademark Last?
How Long Does My Trademark Last?
Can I Register a Logo As A Trademark?
Can I Register a Logo As A Trademark?
Can I Register Both a Word Mark and a Logo Mark?
Can I Register Both a Word Mark and a Logo Mark?
Can A Slogan Be A Trademark?
Can A Slogan Be A Trademark?
What's the Difference Between a Trademark and a Copyright?
What’s the Difference Between a Trademark and a Copyright?
What's the Difference Between a Trademark and a Patent?
What’s the Difference Between a Trademark and a Patent?
Bottom Line: You probably have LOTS of questions about trademark law and the process of getting a trademark. See the materials on this site — especially the video library — to get all of them answered.
Don't risk rejection by not having your ducks in a row before you file your trademark application. Get professional help from trademark attorney Angela Langlotz.
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