Trademark FAQs - related questions & answers

Question: How do I find out if I need patent, trademark and/or copyright protection?

Answer:
Trademarks are brand names and/or designs which are applied to products or used in connection with services. Trademark rights may be used to prevent others from using a confusingly similar mark.

Question: What is a common law search?

Answer:
A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories and state trademark registers.

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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