Q. What is a Trademark and/or Service Mark?

A. The United States Patent and Trademark Office (USPTO) defines trademarks and service marks as "a word, phrase, symbol, or design, or any combination thereof, which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product."

Q. What do the TM, SM, and ® symbols mean?

A. Anyone who claims rights to a mark may use the TM (trademark) or SM (service mark) symbols to alert the public to the claim. It is not necessary to have a registration, or a pending application, to use these symbols. The registration symbol, ®, may only be used when the trademark is registered with the United States Patent and Trademark Office.

Q. How are trademark rights acquired?

A. Trademark rights are acquired when a mark is first used on goods or services in commerce.

Q. Can Trademark.com register my trademark?

A. No, Trademark.com is not a registrar and therefore cannot register your mark for you.

Q. How do I register my trademark? Do I need an attorney?

A. Trademarks which are used in interstate or foreign commerce may be registered with the United States Patent and Trademark Office (the registrar). Simply fill out an application and send it with a "drawing" of the mark, specimens showing how the mark is to be used (or intends to be used), and the appropriate filing fee(s) to the USPTO. Currently these fees are $325.00 per class. The USPTO does not require that applicants be represented by an attorney. In fact, most of the Attorney-Examiners actually go out of their way to assist applicants who file their own marks.

If you decide to file an application without an attorney, the proper forms can be obtained through the USPTO's Web site (www.uspto.gov). They have step by step instructions for filling out the application which can be downloaded and printed for mailing, or submitted electronically.

Q. Why search?

A. Your trademark may possibly infringe on an existing or confusingly similar mark. If this happens, you will most likely be forced to stop using your mark, and will probably have to destroy all materials bearing the infringing mark. However, often the most damaging result of having to stop using your mark is the loss of customer recognition of your product or service. A trademark search will minimize these risks associated with the adoption and use of a new mark. If a trademark search reveals a mark that is the same or similar to a proposed mark, further investigation may be necessary to determine whether the conflicting mark is in active use and, if so, the nature of the owner's rights in it.

Q. Why use Trademark.com?

A. Trademark.com allows you to access millions of trademarks, brands, and business names without changing screens or surfing from site to site. Some of our features include phonetic searching, a full range of truncation and wild card options, Boolean operations, extensive search fields, all owner searching, and a Reference Matter option that is especially appealing to firms and agencies that want to bill back search activity to their respective clients. When utilizing Trademark.com you'll enjoy competitive prices, a friendly, knowledgeable staff, and an easy to use system that is always enhancing its capabilities and constantly expanding its collection of trademarks.

Q. Who uses Trademark.com?

A. Attorneys, paralegals, and legal librarians consistently turn to Trademark.com for reliable trademark information. Brand managers, product developers, and marketers search on Trademark.com to identify marks and domain names in use, as they seek out the best name for their products or services. And, an ever increasing number of entrepreneurs and start-ups use Trademark.com. The ease of the system with its detailed help menu and knowledgeable customer support staff make Trademark.com the system of choice for professional searchers and novices alike.

Have another question about trademarks? Send an email to our trademark experts at ts.cm-tm@thomson.com.