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Trademarks and Service Marks: Frequently asked questions and answers about Trademarks and Service Marks; 1. What is protectable under trademark law?; 2. How long does a trademark or service mark last?; 3. What type of competition does trademark law prohibit?; 4. What is the geographic scope of protection of a trademark?; 5. How important is federal trademark registration?; 6. What is a trademark?; 7. What is the difference between a trademark and a service mark?; 8. What are common law, state registered, and federally registered trademarks?; 9. What is the geographic scope of protection of a trademark?; 10. Why should I federally register my trademark?; 11. How do trademark rights protect the owner?; 12. How do trademark rights protect the public?; 13. What is the importance of a trademark as a commercial asset?; 14. Can a business be prevented from expanding if it does not obtain a federal registration?; 15. What is trademark infringement?; 16. Why would I conduct a trademark search?; 17. Why should I involve an attorney?; 18. What is the strength of different marks?; 19. What is acquired distinctiveness or secondary meaning?; 20. Do trademarks need acquired distinctiveness before a registration may be sought?; 21. What marks need to have acquired distinctiveness before they are considered trademarks?; 22. How can acquired distinctiveness be proven?; 23. How can trademark rights be lost?; 24. Can I take steps to avoid abandoning my trademark rights?; 25. How can I avoid abandoning the trademark through an assignment or license agreement?; 26. Can trademark rights be recovered once lost?; 27. Do I have to be using the trademark before seeking a registration?; 28. What are the types of federal trademark applications?; 29. What is the procedure with a federal Intent-to-Use application?; 30. What is the procedure for prosecuting a standard federal application?

Important: These Frequently Asked Questions (FAQs) provided by the Patent Cafe where prepared by N Paul Friederichs III and Andy Gibbs. They are used with permission of the Patent Cafe. More intellectual property resources can be found at the Patent Cafe.

These Frequently Asked Questions are based on Federal Law.

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