Trademark FAQs - related questions & answers

Question: What is the drawing?

Answer:
The "drawing" is a page which depicts the mark applicant seeks to register. In an application based on actual use, Section 1(a), 15 U.S.C. §1051(a), the drawing must show the mark as it is actually used.

Question: Can the Office refuse to register a mark?

Answer:
Yes. The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks.

Question: My spouse owned a trademark registration and has since died. Do I own it now?

Answer:
This depends on state law, so the U.S. Patent and Trademark Office cannot provide a definite answer for all factual situations. You should consider contacting an attorney, preferably one specializing in trademark law.
 

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