Trademark FAQs - related questions & answers
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.
Question: What kind of marks may not be registered?
Answer:
A person may not register a mark that is deceptive, immoral, or scandalous. Also, trademarks related to a belief, an individual, an institution or a national symbol are not permitted.
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.
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