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Trademark FAQs - related questions & answers

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

Answer:
You may conduct a search free of charge on the USPTO website using the Trademark Electronic Search System (TESS).


Question: How do I avoid expensive conflicts over trademarks on the Internet?

Answer:
Before a domain registration, be sure to do a Trademark Search, especially if it concerns fantasy names or a composite name derived from fantasy names.

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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Daily Terms

Notice

Definition:
A formal sign or notification attached to physical objects that embody or reproduce an intellectual property right -- for example, the use of the word "patent" or its abbreviation, "pat.," together with the patent number, on a patented article made by a patent holder or his/her licensees.

Fanciful Marks

Definition:
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

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