Trademark FAQs

What is a Trademark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes a source of goods from those of others.

What is a Service Mark?

A Service Mark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes a source of a service from those of others.

Should I register my Trademark or Service Mark in state registries?

Registrants may enforce a Mark against infringement within the state of registration by using that state’s law and courts. Marks registered on a state registry may use the TM or SM symbols.

Should I register my Trademark or Service Mark with the United States Patent and Trademark Office?

Registration of a Mark on the Principal Register of the United States Patent and Trademark Office (USPTO) provides: constructive notice to the public of the registrant’s claim of ownership of the Mark; a legal presumption of the registrant’s ownership of the Mark and the registrant’s exclusive right to use the Mark nationwide in connection with goods and/or services listed in the registration; the ability to bring an action concerning use of the Mark within the United States in federal court; the use of the U.S. registration as a basis to obtain registration in other countries; and the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods. Marks registered with the USPTO may use the ® in the United States (regardless of the existence of state registrations).

Should I register my Trademark or Service Mark internationally?

Registrants may enforce a Mark against infringement within the country of registration by using the country’s law and courts. Marks registered on a country’s registry may use the ® in that country.

Should I register my Trademark or Service Mark internationally in the European Community Trademark Registry?

Registration of a Mark on the European Community Trademark Registry provides: the ability to prohibit others from using the Mark in the European Community; and the ability to bring an action concerning use of the Mark within the member states by using the Community Trademark law and courts. Presently, the Community Trademark Registration includes 25 member states. Marks registered with the Community Trademark Registry may use the ® in all member states.