Trademark FAQs - related questions & answers

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.

Question: Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks?

Answer:
No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted.

Question: How do I find out if I need a patent, trademark or a copyright?

Answer:
Patents protect inventions, and improvements to existing inventions. Trademarks include any word, name, symbol, or device, or any combination, used, or intended to be used in commerce to identify.
 

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