Trademark FAQs - related questions & answers

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: 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: Are there any restrictions from trademarking a product name that contains Spanish words?

Answer:
The same laws and rules apply to marks in languages other than English. Other than those requirements, a non-English mark would have to be translated for the record.
 

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