Trademark FAQs - related questions & answers

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.

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: 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.
 

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