Trademark FAQs - related questions & answers

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.

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: 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)
 

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