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: Should local businesses care what trademark someone else in another part of the country is using?

Answer:
Yes. Vast numbers of businesses, even local, have put up their own websites, creating the potential for confusion in the marketplace.

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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