Trademark FAQs - related questions & answers

Question: How different does one trademark have to be from another?

Answer:
After an application is filed, the assigned examining attorney will search the USPTO records to determine if a conflict exists between the mark in the application and another mark that is registered or pending in the USPTO.

Question: What is the trademark owner's perspective on the treaty?

Answer:
The TLT saves time and money in the preparation and filing of documents for the application. It streamlines the process for post-registration renewals, recording assignments, changes of name and address, and powers of attorney.

Question: What is the difference between the notations TM or SM and the ®?

Answer:
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. You may use the federal registration symbol "®" only after the USPTO actually registers a mark.
 

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