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New page: Trademark (symbolized by "TM") is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one...

Trademark (symbolized by "TM") is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

It is not required to register a trademark with the U.S. Patent and Trademark Office (US PTO), but registration with the "Principal Register" does provide several advantages:

* constructive notice to the public of the claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and exclusive right to the use the mark nationwide in connection with the goods and/or services listed in the registration;
* the ability to file a lawsuit in federal court to enforce the mark;
* the use of the registration with the USPTO to register in foreign countries; and
* the ability to file registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

One may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

== Sources ==

[http://www.uspto.gov/web/offices/tac/doc/basic/ USPTO information]

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Revision as of 15:01, May 22, 2007

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