Greenberg & Lieberman
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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: Can I use a company name and logo if I want to complain about a company?

Answer:
Yes. While trademark law stops the use of someone else's trademark to sell your competing products, it doesn't stop you from using the trademark to refer to the trademark owner or its products.

Question: How do I contest someone else using a trademark similar to mine?

Answer:
There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney.
 

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Daily Terms

Ordinary Skill in the Art

Definition:
That level of technical knowledge, experience, and expertise possessed by the run-of-the-mill or ordinary engineer, scientist, or designer in the technology that is relevant to the invention.

EBC

Definition:
Electronic Business Center - includes links to Patents EBC and Trademarks EBC - a web page containing hyperlinks to all online systems for conducting electronic commerce with the USPTO.

Washington Treaty

Definition:
China was among the first countries to sign this treaty, but the United States and Japan did not sign it due to disagreements with compulsory licences, the treatment of innocent infringement, and the protection of designs when they are incorporated in industrial products.

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