Trademark FAQs - related questions & answers

Question: How do I find out whether the mark I’ve chosen is already registered?

Answer:
It is strongly suggested that you search federally registered trademarks and service marks, since a federally registered mark generally preempts a state issued registration.

Question: Can a business trademark a domain name for future use?

Answer:
It is possible to gain ownership of a trademark by filing an "intent-to-use" (ITU) trademark application with the U.S. Patent and Trademark Office (PTO) before actually starting to use the domain name.

Question: Can a minor file a trademark application?

Answer:
This depends upon state law. If the person can validly enter into binding legal obligations in the state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or legal guardian of the applicant
 

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