Trademark FAQs - related questions & answers

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

Answer:
Patents protect inventions and improvements to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks are brand names and/or designs which are applied to products.

Question: Do I have to register my trademark?

Answer:
No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use.

Question: Can the Office refuse to register a mark?

Answer:
Yes. The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks.
 

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