National Council of Examiners for Engineering and Surveying (NCEES) Fundamentals of Engineering (FE) Ethics Practice Exam

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What can only be used when a trademark has actually been registered with the USPTO?

Trademark designation

Registered trademark symbol

The registered trademark symbol, often represented by the ® symbol, can only be used once a trademark has been officially registered with the United States Patent and Trademark Office (USPTO). This symbol signifies that a trademark has undergone the formal examination and registration process, offering the owner specific legal protections against unauthorized use of the mark.

Using the registered trademark symbol conveys to consumers and competitors that the mark is recognized and protected under trademark law, which can enhance the credibility and distinctiveness of the brand. This designation is important because it establishes the owner’s exclusive rights to use the trademark in commerce, which can help prevent infringement by others.

In contrast, the trademark designation and terms like service mark or trade name do not carry the same legal weight or implications as the registered trademark symbol. Although these terms relate to types of intellectual property protection, they do not indicate that a mark has been registered, and thus, they can be used in broader contexts without the formal registration.

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Service mark

Trade name

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