Trademark FAQs - related questions & answers

Question: What is a trademark?

Answer:
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer.

Question: How different does one trademark have to be from another?

Answer:
After an application is filed, the assigned examining attorney will search the USPTO records to determine if a conflict exists between the mark in the application and another mark that is registered or pending in the USPTO.

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.
 

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