Trademark FAQs - related questions & answers

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: Can the ownership of a trademark be transferred from one person to another?

Answer:
Yes. A registered mark, or a mark for which an application to register has been filed is assignable. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee.

Question: Do I have to register my trademark?

Answer:
No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use.
 

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