What is a trademark?
The U.S. Patent and Trademark Office defines a trademark as a word, phrase, symbol or design that identifies your goods and services.
What is a trademark symbol?
Trademark symbol is a visual indicator that the name, logo, phrase, or character next to it is a trademark. The trademark symbol puts others on notice that you are claiming rights to the trademark.
What are the different trademark symbols?
There are three trademark symbols. ™, ℠, ®. TM stands for trademark. ℠ stands for service mark. ® stands for registered.
- The ™ symbol is used to represent unregistered trademarks for goods, such as tangible things.
- The ℠ symbol is used to represent unregistered trademarks for service based things.
- The ® symbol is used only for registered trademarks, that have been registered with the US Patent and Trademark Office.
When to use a trademark symbol?
The ™ & ℠ are used for unregistered trademarks and can be used when you are ready to claim rights to the mark. You can use these symbols even if you have not filed an application to register your trademark with the U.S. Patent and Trademark Office.
The ® can ONLY be used with a Federally registered trademark, meaning it must be granted through the U.S. Patent and Trademark Office.
Where to put the trademark symbol?
You can place the symbol anywhere around your trademark, however the best place to put it is close to your mark, on the upper right corner. But remember it can be placed anywhere around your trademark.
Why should you register your trademark?
It provides public notice to anyone searching for similar trademarks. It provides a legal presumption that you own the trademark and have the right to use it.
Does a U.S. registered trademark protect a trademark in a Foreign Country?
No, a U.S. trademark is not protected in a foreign country. Trademarks are within geographical limits; therefore, you must file a trademark in each country where protection is sought.
How can I register a trademark?
You can apply to register your trademark with the USPTO. (uspto.gov) There are two applications, 1(a) & 1(b). The 1(a) application is used when your trademark is already used in commerce. The 1(b) application is used when you intend to use your trademark commerce but have not yet. Visit the uspto.gov website for further information.
How Long does a trademark registration last?
Forever, if you are submitting the required information to USPTO. Between the fifth and sixth years after the registration date, you MUST file a Declaration of Use and/or Excusable Nonuse under section 8.
-Between the 9th and 10th years after the registration date, you MUST file a Declaration of Use and/or Excusable Nonuse and an Application for Renewal under sections 8 and 9.
-Every 10 years after that (between the 19th and 20th years 29th and 30th years, etc), you MUST file a Declaration of Use and/or Excusable Nonuse and an Application for Renewal under sections 8 and 9.
Tre are three trademark symbols. ™, S(M, ®. TM stands for trademark. SM stands for service mark. ® stands for registered.
Do you have more questions regarding trademarks? If so please contact the Law Office of Cathryn D. Gibbs or book a consultation online and we will be happy to assist you.
DISCLAIMER: The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. No Attorney- Client relationship is created by use of this website. Filling out a form on this site or sending an email does not establish a client-lawyer relationship. In accordance to policy, The Law Office of Cathryn D. Gibbs, PLLC does not accept a new client without first obtaining a signed engagement agreement.
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