How do I obtain
a federal trademark registration?
A registration may be applied for by filing a properly executed
application with the Patent and Trademark Office (PTO). The application, and any
accompanying communications, should be addressed to "Assistant Commissioner for
Trademarks, Box New App/Fee, 2900 Crystal Drive, Arlington, VA 22202-3513." [ Top ]
What is a service mark?
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 services provided by others, and to indicate the source of
the services. [ Top ]
What is a certification mark?
A certification mark is any word, name, symbol, device, or any
combination, used, or intended to be used, in commerce with the owner’s permission by
someone other than its owner, to certify regional or other geographic origin, material,
mode of manufacture, quality, accuracy, or other characteristics of someone's goods or
services, or that the work or labor on the goods or services was performed by members of a
union or other organization. [ Top ]
What is a collective mark?
A collective mark is a trademark or service mark used, or intended
to be used, in commerce, by the members of a cooperative, an association, or other
collective group or organization, including a mark which indicates membership in a union,
an association, or other organization. [ Top ]
Do I need to register my
trademark?
No. However, federal registration has several advantages including
notice to the public of the registrant's claim of ownership of the mark, a legal
presumption of ownership nationwide, and the exclusive right to use the mark on or in
connection with the goods or services set forth in the registration. [ Top
]
What are the benefits of federal trademark registration?
1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of
infringing foreign goods. [ Top ]
Do I have to be a U.S.
citizen to obtain a federal registration?
No. However, an applicant's citizenship must be set forth in the
record. If an applicant is not a citizen of any country, then a statement to that effect
is sufficient. If an applicant has dual citizenship, then the applicant must choose which
citizenship will be printed in the Official Gazette and on the certificate of
registration. [ Top ]
Are there federal regulations governing the use
of the designations "TM" or "SM" with trademarks?
No. Use of the symbols "TM" or "SM" (for
trademark and service mark, respectively) may, however, be governed by local, state, or
foreign laws and the laws of the pertinent jurisdiction must be consulted. These
designations usually indicate that a party claims rights in the mark and are often used
before a federal registration is issued. [ Top ]
When is it proper to use the federal
registration symbol (the letter R enclosed within a circle -- ® --
with the mark.
The federal registration symbol may be used once the mark is
actually registered in the U.S. Patent and Trademark Office. 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. [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.] [ Top ]
Do I need an attorney to file a trademark
application?
No, although it may be desirable to employ an attorney who is
familiar with trademark matters. Many applicants find it beneficial to search a mark (to
see if there are any registered, pending, or previously used marks) before filing a
trademark application. Word marks (marks consisting only of words) may be searched at one
of the many Patent and Trademark Depository Libraries (PTDLs) located throughout the
United States. You must actually go to the library itself and perform the search yourself.
However, the Patent and Trademark Depository Librarians are extremely helpful in getting
you started. Searches can also be performed at the Patent and Trademark Office at 2900
Crystal Drive, 2nd Floor, Arlington, Virginia. If you need to locate an
attorney specializing in trademark law, local bar associations and the Yellow Pages
usually have attorney listings broken down by specialties. [ Top ]
How do I find out whether a mark is already
registered?
In order to determine whether any person or company is using a
particular trademark, a trademark search can be conducted. Searches can be performed at
our offices at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. Also, word
marks may be searched at over 70 Patent and Trademark Depository Libraries located
throughout the country. [ Top ]
Is a federal registration valid outside the
United States?
No. Certain countries, however, do recognize a United States
registration as a basis for registering the mark in those countries. Many countries
maintain a register of trademarks. The laws of each country regarding registration must be
consulted. [ Top ]
