Trademark FAQs - related questions & answers

Question: Why should a start-up company care about trademarks

Answer:
Although their first product launch may be years away, new companies need to pay attention to trademark protection. Trademark rights in a company or product name should be locked up as soon as possible.

Question: Can the Office conduct a search for an applicant?

Answer:
No. After a trademark application is filed, the U.S. Patent and Trademark Office (USPTO) will conduct a search of the records as part of the official examination process.

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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