Trademark FAQs - related questions & answers

Question: Do I have to register my brand name to get trademark rights?

Answer:
Not in the United States. Here, you do not need to register a mark to establish rights to it, though registration provides significant advantages. Registering a mark makes proving your rights easier in court.

Question: Who may file an application?

Answer:
Only the owner of the trademark may file an application for its registration. An application filed by a person who is not the owner of the mark will be declared void.

Question: Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks?

Answer:
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.
 

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