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US Trademark FAQs

Updated:2018-5-2 10:22:59    Source:www.tannet-group.comViews:442

In the United States, the USPTO maintains a database of registered trademarks. The database is open to the public. The USPTO internally captures more information about trademarks than what they publicly disclose on their official search website, such as the complete contents of every logo trademark filing. Below are some of the frequently asked questions concerning US trademark application.

1. How do I avoid making a fraudulent filing?
A registration is subject to cancellation for fraudulent statements. Therefore, you must ensure that all statements made in filings to the USPTO are accurate, as any inaccuracies may result in the cancellation of a trademark registration.

For example, the lack of a bona fide intention to use the mark with all goods and/or services listed in an application or the lack of actual use on all goods and/or services for which you claimed use in an application or post-registration filing could jeopardize the validity of the registration, resulting in its cancellation.

2. What is the difference between TM and the R within the circle ®?
Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.

Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.

3. What is a “Partial Limitation” of goods/services?
A "partial limitation" is a narrowed list of goods and/or services for a particular class which are extended into some or all designated Contracting Parties in the international application. The listing of goods and/or services in a "partial limitation" is the only goods and/or services for which protection is being sought in the designated Contracting Parties.

4. What is meant by “Total Limitation” of goods/services?
In a "total limitation," the entire list of goods and/or services for a particular class or classes is not extended into some or all designated Contracting Parties in the international application. The class or classes will remain part of the international registration and may be subsequently designated at a later time to any Contracting Party.

5. How can I see my trademark records?
As noted above, the USPTO is required by law to maintain records of trademark applications and registrations and to make them available for public inspection. Once submitted, an application becomes part of the public record and continues to be part of the public record whether the application is abandoned or the registration is surrendered, canceled, or expired.

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