Trademark FAQs - related questions & answers

Question: If I do not have examples of my mark as of yet, may I still submit my application?

Answer:
No. The mark must be in use before a trademark or service mark application can be submitted. Two working examples of the mark must be submitted with the application.

Question: What is the drawing?

Answer:
The "drawing" is a page which depicts the mark applicant seeks to register. In an application based on actual use, Section 1(a), 15 U.S.C. §1051(a), the drawing must show the mark as it is actually used.

Question: What is the difference between the notations TM or SM and the ®?

Answer:
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. You may use the federal registration symbol "®" only after the USPTO actually registers a mark.
 

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