Trademark FAQs - related questions & answers

Question: How do I find out whether the mark I’ve chosen is already registered?

Answer:
It is strongly suggested that you search federally registered trademarks and service marks, since a federally registered mark generally preempts a state issued registration.

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.

Question: My spouse owned a trademark registration and has since died. Do I own it now?

Answer:
This depends on state law, so the U.S. Patent and Trademark Office cannot provide a definite answer for all factual situations. You should consider contacting an attorney, preferably one specializing in trademark law.
 

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