Trademark FAQs - related questions & answers

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: What is a common law search? How can I do one?

Answer:
A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers.

Question: Can the ownership of a trademark be transferred from one person to another?

Answer:
Yes. A registered mark, or a mark for which an application to register has been filed is assignable. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee.
 

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