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Trademark FAQs - related questions & answers

Question: How do I find out whether a mark is already registered?

Answer:
You may conduct a search free of charge on the USPTO website using the Trademark Electronic Search System (TESS).


Question: Are there any restrictions for registering flags or national symbols of countries?

Answer:
Yes. Many countries restrict the use of their own and other countries’ flags or national symbols. Many countries also have limitations on the use of marks connected to political leaders.

Question: What is a common law search? How can I do one?

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, state trademark registers.
 

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Daily Terms

Assignment

Definition:
A transfer of ownership of a trademark application or trademark registration from one entity to another.

Trade Secret

Definition:
A trade secret includes proprietary knowledge and other confidential information that companies keep secret to give them an advantage over their competitors.

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

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