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. [
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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. [
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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. [
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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. [
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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 ]
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