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Trademark FAQs - related questions & answers

Question: Is a federal registration valid outside the United States?

Answer:
No. However, if you are a qualified owner of a trademark application pending before the USPTO, or of a registration issued by the USPTO, you may seek registration in any of the countries that have joined the Madrid Protocol.


Question: What constitutes interstate commerce?

Answer:
For goods, "Interstate commerce" involves sending the goods across state lines with the mark displayed on the goods or the packaging for the goods. With services, "interstate commerce" involves offering a service to those in another state or rendering a service which affects interstate commerce.

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.
 

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Daily Terms

Fanciful Marks

Definition:
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

Trade Secret

Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.

Ordinary Skill in the Art

Definition:
That level of technical knowledge, experience, and expertise possessed by the run-of-the-mill or ordinary engineer, scientist, or designer in the technology that is relevant to the invention.

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