Trademark FAQs - related questions & answers
Question: Do I need a license to sample a track?
Answer: Yes, you must obtain a clearance, or copyright license, for every sample that you use in your recordings. You can get a license from the copyright owner directly and negotiate a fee.
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: What is the difference between the notations TM or SM and the ®?
Answer:
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. You may use the federal registration symbol "®" only after the USPTO actually registers a mark.
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