Trademark FAQs - related questions & answers

Question: Can a U.S. trademark owner file an international application directly at the International Bureau?

Answer:
No. The international application must be filed through the USPTO. The USPTO must certify that certain information in an international application based on a U.S. basic application.

Question: Is the name of a band a trademark?

Answer:
It depends on how it is used. A band name may function as a service mark for entertainment services in the nature of performances by a musical group if it is used to identify and distinguish the service of providing live performances.

Question: Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks?

Answer:
No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted.
 

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