Trademark FAQs - related questions & answers

Question: When is it proper to use the federal registration symbol?

Answer:
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.

Question: How do I find out whether a mark is already registered?

Answer:
You may conduct a search free of charge on the USPTO website using the Trademark Electronic Search System (TESS)

Question: What are common law rights?

Answer:
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use.
 

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