Greenberg & Lieberman
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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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Daily Terms

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

Trade Secret

Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.

Notice

Definition:
A formal sign or notification attached to physical objects that embody or reproduce an intellectual property right -- for example, the use of the word "patent" or its abbreviation, "pat.," together with the patent number, on a patented article made by a patent holder or his/her licensees.

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