Trademark FAQs - related questions & answers

Question: Who may file an application?

Answer:
Only the owner of the trademark may file an application for its registration. An application filed by a person who is not the owner of the mark will be declared void.

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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