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: 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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