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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