Trademark FAQs - related questions & answers

Question: How do I find out whether the mark I’ve chosen is already registered?

Answer:
It is strongly suggested that you search federally registered trademarks and service marks, since a federally registered mark generally preempts a state issued registration.

Question: My spouse owned a trademark registration and has since died. Do I own it now?

Answer:
This depends on state law, so the U.S. Patent and Trademark Office cannot provide a definite answer for all factual situations. You should consider contacting an attorney, preferably one specializing in trademark law.

Question: Do I have to be a U.S. Citizen to obtain a federal registration?

Answer:
No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient.
 

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